An Act to provide for the appointment of
the Integrity Commissioner, to set out the functions and powers of the
Integrity Commissioner, and for related purposes
Part 1—Preliminary
1Â
Short title [see Note 1]
                  This Act may be cited as the Law
Enforcement Integrity Commissioner Act 2006.
2Â
Commencement
            (1) Each provision of this Act specified in
column 1 of the table commences, or is taken to have commenced, in accordance
with column 2 of the table. Any other statement in column 2 has effect
according to its terms.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 and 2 and anything in this Act not
elsewhere covered by this table
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The day on which this Act receives the Royal Assent.
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30 June 2006
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2. Sections 3 to 224
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A single day to be fixed by Proclamation.
However, if any of the provision(s) do not commence within
the period of 6 months beginning on the day on which this Act receives the
Royal Assent, they commence on the first day after the end of that period.
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30 December 2006
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Note:Â Â Â Â Â Â Â Â Â This table
relates only to the provisions of this Act as originally passed by the
Parliament and assented to. It will not be expanded to deal with provisions
inserted in this Act after assent.
            (2) Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or edited in any published version of this Act.
3Â Objects
of this Act
            (1) The objects of this Act are:
                    (a) to facilitate:
                             (i) the detection of
corrupt conduct in law enforcement agencies; and
                            (ii) the investigation of
corruption issues that relate to law enforcement agencies; and
                    (b) to enable criminal offences to be
prosecuted, and civil penalty proceedings to be brought, following those
investigations; and
                    (c) to prevent corrupt conduct in law
enforcement agencies; and
                    (d) to maintain and improve the
integrity of staff members of law enforcement agencies.
            (2) To assist in achieving these objects,
this Act establishes:
                    (a) the office of the Integrity
Commissioner; and
                    (b) the Australian Commission for Law
Enforcement Integrity.
4Â
Application of Act
                  This Act applies both within and outside
Australia and extends to every external Territory.
Part 2—Interpretation
5Â
Definitions
            (1) In this Act:
ACC means the Australian Crime Commission.
ACLEI: see Australian Commission for
Law Enforcement Integrity.
ACLEI corruption issue has the meaning
given by section 8.
AFP means the Australian Federal Police.
Assistant Integrity Commissioner means an
Assistant Integrity Commissioner appointed under section 185.
assisting officer, in relation to a warrant
for a person’s arrest or a search warrant, means:
                    (a) a person who:
                             (i) is an authorised
officer or a member or special member of the AFP; and
                            (ii) is assisting in
executing the warrant; or
                    (b) a person who:
                             (i) is not an authorised
officer; and
                            (ii) is not a member or
special member of the AFP; and
                            (ii) has been authorised by
the authorised officer who is executing the warrant to assist in executing the
warrant.
Australian Commission for Law Enforcement Integrity
or ACLEI means the Australian Commission for Law Enforcement
Integrity established by section 195.
authorised officer means:
                    (a) the Integrity Commissioner; or
                    (b) a person authorised under section 140.
civil penalty proceeding means a proceeding
for a civil penalty in relation to a contravention of a law of the Commonwealth
or of a State or Territory.
civil penalty provision means a provision of
a law of the Commonwealth or of a State or Territory in relation to a
contravention of which a civil penalty may be imposed.
Commonwealth government agency means:
                    (a) a Department of the Commonwealth;
or
                    (b) a body (whether incorporated or
not) established for a public purpose by, or under, a law of the Commonwealth.
confiscation proceeding means a proceeding
under:
                    (a) the Proceeds of Crime Act 1987
or the Proceeds of Crime Act 2002; or
                    (b) a corresponding law within the
meaning of either of those Acts;
but does not include a criminal prosecution for an offence
under either of those Acts or a corresponding law.
contravene a certificate issued under section 149
has the meaning given by subsection (4).
corrupt conduct: see engages in corrupt
conduct.
corruption investigation means:
                    (a) an investigation of a corruption
issue under this Act; or
                    (b) an investigation of an ACLEI
corruption issue under this Act (including a special investigation).
corruption issue has the meaning given by
section 7.
criminal proceeding means:
                    (a) a prosecution for an offence
against a law of the Commonwealth or of a State or Territory; or
                    (b) a confiscation proceeding.
data has the same meaning as in Part IAA
of the Crimes Act 1914.
data held in a computer has the same meaning
as in Part IAA of the Crimes Act 1914.
data storage device has the same meaning as
in Part IAA of the Crimes Act 1914.
disciplinary
proceeding:
                    (a) means a proceeding of a
disciplinary nature under a law of the Commonwealth or of a State or Territory;
and
                    (b) includes action taken under
Subdivision D of Division 5 of Part V of the Australian Federal
Police Act 1979.
eligible seizable item means anything that:
                    (a) would present a danger to a person;
or
                    (b) could be used to assist a person
to escape from lawful custody.
employee of a government agency has a meaning
affected by subsection (5).
engage in conduct means:
                    (a) do an act; or
                    (b) omit to do an act.
engages in corrupt conduct has the meaning
given by section 6.
evidential material means:
                    (a) in relation to an investigation
warrant—a thing that may be relevant to:
                             (i) a corruption
investigation; or
                            (ii) a public inquiry; or
                    (b) in relation to an offence
warrant—a thing relevant to an offence against a law of the Commonwealth.
former NCA means the National Crime Authority
established under section 7 of the former NCA Act.
former NCA Act means the National Crime
Authority Act 1984 (as in force at any time before the commencement of Schedule 1
to the Australian Crime Commission Establishment Act 2002).
frisk search has the same meaning as in Part IAA
of the Crimes Act 1914.
government agency means:
                    (a) a Department of the Commonwealth
or of a State or Territory; or
                    (b) a body (whether incorporated or
not) established for a public purpose by or under a law of the Commonwealth or
of a State or Territory.
head of a government agency means:
                    (a) if the agency is the AFP—the
Commissioner (within the meaning of the Australian Federal Police Act 1979);
or
                    (b) if the agency is the ACC—the CEO
of the ACC (within the meaning of the Australian Crime Commission Act 2002);
or
                    (c) if the agency is a Commonwealth
government agency that is prescribed for the purposes of paragraph (d) of
the definition of law enforcement agency—the person holding the
office in the agency that is prescribed by the regulations for the purposes of
this definition; or
                    (d) if the agency is another
Commonwealth government agency:
                             (i) in the case of a
Department of the Commonwealth—the Secretary of the Department; or
                            (ii) in the case of a body
established for a public purpose—the person holding, or performing the duties
of, the principal office in respect of the body; or
                    (e) if the agency is a State or
Territory government agency—the person holding, or performing the duties of,
the principal office in respect of the agency.
integrity agency for a State or Territory
means an agency that:
                    (a) is established by the law of the
State or Territory for purposes that include the purpose of investigating
corruption in the police force of the State or Territory; and
                    (b) is prescribed for the purposes of
this definition.
Integrity Commissioner means the Integrity
Commissioner appointed under section 175.
Inter‑Governmental Committee means the
Inter‑Governmental Committee established by section 8 of the Australian
Crime Commission Act 2002.
investigation warrant means a warrant to
search for a thing that may be relevant to:
                    (a) a corruption investigation; or
                    (b) a public inquiry.
issuing officer means:
                    (a) for an investigation warrant:
                             (i) a Judge of the Federal
Court of Australia sitting in Chambers; or
                            (ii) a Judge of a court of
a State or Territory; or
                           (iii) a Federal Magistrate;
or
                    (b) for an offence warrant—a
magistrate.
law enforcement agency means:
                    (a) the AFP; or
                    (b) the ACC; or
                    (c) the former NCA; or
                    (d) any other Commonwealth government
agency that:
                             (i) has a law enforcement
function; and
                            (ii) is prescribed by the
regulations for the purposes of this paragraph.
law enforcement function means any of the
following functions:
                    (a) investigating whether:
                             (i) an offence has been
committed against a law of the Commonwealth; or
                            (ii) there has been a
contravention of a law of the Commonwealth in relation to which civil penalty
proceedings may be brought;
                    (b) preparing the material necessary
to prosecute a person for an offence against a law of the Commonwealth;
                    (c) preparing the material necessary
to bring civil penalty proceedings against a person for a contravention of a
law of the Commonwealth;
                    (d) collecting, maintaining,
correlating, analysing, accessing or distributing information for the purpose
of assisting the enforcement of laws of the Commonwealth;
                    (e) assisting in carrying out a
function referred to in paragraphs (a) to (d).
law enforcement secrecy provision means:
                    (a) Part 11 of the Anti‑Money
Laundering and Counter‑Terrorism Financing Act 2006; or
                    (b) section 45 of the Surveillance
Devices Act 2004; or
                    (c) sections 63 and 133 of the Telecommunications
(Interception and Access) Act 1979; or
                    (d) anything done under a provision
referred to in paragraphs (a) to (c).
legal aid officer means:
                    (a) a member, or member of staff, of
an authority established by or under a law of a State or Territory for purposes
that include providing legal assistance; or
                    (b) a person to whom the Attorney‑General
has delegated his or her powers and functions under section 103.
legal practitioner means a barrister, a
solicitor, a barrister and solicitor or a legal practitioner, of the High Court
or of the Supreme Court of a State or Territory.
magistrate means a magistrate who is
remunerated by salary or otherwise.
manage an investigation of a corruption issue
by a law enforcement agency has the meaning given by section 61.
nominated contact of a law enforcement agency
for an investigation of a corruption issue means:
                    (a) a staff member of the agency
nominated under section 60 as the nominated contact for the investigation;
or
                    (b) if a staff member is not
nominated—the head of the agency.
occupier of premises means the person
apparently in charge of the premises.
offence warrant means a warrant to search for
a thing relevant to an offence against a law of the Commonwealth.
official matter means any of the following
(whether past, present or contingent):
                    (a) a corruption investigation;
                    (b) a hearing held by the Integrity
Commissioner or a special investigator in relation to a corruption
investigation;
                    (c) court proceedings.
ordinary search means a search of a person or
of articles in the possession of a person that may include:
                    (a) requiring the person to remove his
or her overcoat, coat or jacket or any gloves, shoes or hat; and
                    (b) an examination of those items.
oversee an investigation of a corruption
issue by a law enforcement agency has the meaning given by section 62.
premises includes a place, vehicle, vessel
and aircraft.
public inquiry means a public inquiry
conducted by the Integrity Commissioner under Part 8.
refer, in relation to an allegation or
information, has the meaning given by subsections (2) and (3).
responsible Minister for a Commonwealth
government agency means:
                    (a) if the agency is established or
continued in existence by an Act—the Minister administering that Act; or
                    (b) in any other case—the Minister
having general responsibility for the activities of the agency.
search warrant means an investigation
warrant, or an offence warrant, that is issued under section 109:
                    (a) to search premises; or
                    (b) to carry out an ordinary search,
or frisk search, of a person.
secondee:
                    (a) in relation to a law enforcement
agency—has the meaning given by subsection 10(5); and
                    (b) in relation to ACLEI—has the
meaning given by subsection 11(2).
secrecy provision means:
                    (a) a provision of a law of the
Commonwealth that purports to prohibit; or
                    (b) anything done, under a provision
of a law of the Commonwealth, to prohibit;
the communication, divulging or publication of
information, the production of, or the publication of the contents of, a
document, or the production of a thing.
section 149
certified information means:
                    (a) information about a matter
specified in a certificate in force under section 149; or
                    (b) information contained in a
document specified in a certificate in force under section 149.
sensitive information means information the
disclosure of which:
                    (a) could prejudice:
                             (i) the security, defence
or international relations of Australia; or
                            (ii) relations between the
Commonwealth Government and the Government of a State or between the Government
of a State and the Government of another State; or
                    (b) would involve disclosing:
                             (i) deliberations or
decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth
or of a State; or
                            (ii) deliberations or
advice of the Federal Executive Council or the Executive Council of a State or
the Northern Territory; or
                           (iii) deliberations or
decisions of the Australian Capital Territory Executive or of a committee of
that Executive; or
                    (c) could reveal, or enable a person
to ascertain, the existence or identity of a confidential source of information
in relation to:
                             (i) the enforcement of the
criminal law of the Commonwealth, a State or Territory or a foreign country; or
                            (ii) a corruption
investigation; or
                           (iii) a public inquiry under
this Act; or
                    (d) could endanger a person’s life or
physical safety; or
                    (e) could prejudice the protection of
public safety; or
                     (f) could prejudice the fair trial of
a person or the impartial adjudication of a matter; or
                    (g) could prejudice the proper
enforcement of the law (including through corruption investigations); or
                    (h) would involve disclosing
information whose disclosure is prohibited (absolutely or subject to
qualifications) by or under another law of the Commonwealth; or
                     (i) would involve unreasonably
disclosing a person’s personal affairs; or
                     (j) would involve unreasonably
disclosing confidential commercial information.
serious corruption means corrupt conduct
engaged in by a staff member of a law enforcement agency that could result in
the staff member being charged with an offence punishable, on conviction, by a
term of imprisonment for 12 months or more.
significant corruption issue means:
                    (a) a corruption issue that relates to
corrupt conduct that constitutes serious corruption or systemic corruption;
or
                    (b) a corruption issue that:
                             (i) relates to a law
enforcement agency; and
                            (ii) is of a kind that the
Integrity Commissioner and the head of the agency have agreed under paragraph
17(1)(a) to be a significant corruption issue in relation to staff members of the
agency; or
                    (c) a corruption issue of a kind that
is prescribed by the regulations for the purposes of this paragraph.
special investigation means a special
investigation of an ACLEI corruption issue conducted under Division 4 of
Part 12.
special investigator means a person
conducting a special investigation.
staff member:
                    (a) in relation to a law enforcement
agency—has the meaning given by subsections 10(1) to (5); and
                    (b) in relation to ACLEI—has the
meaning given by subsection 11(1).
State or Territory government agency means:
                    (a) a Department of a State or
Territory; or
                    (b) a body (whether incorporated or
not) established for a public purpose by or under a law of a State or
Territory.
strip search has the same meaning as in Part IAA
of the Crimes Act 1914.
systemic corruption means instances of
corrupt conduct (which may or may not constitute serious corruption) that
reveal a pattern of corrupt conduct in a law enforcement agency or in law
enforcement agencies.
taxation secrecy provision means a secrecy
provision that is a provision of a taxation law within the meaning of the Taxation
Administration Act 1953.
thing relevant to an indictable offence has
the same meaning as in the Crimes Act 1914.
            (2) A reference in this Act to a person referring
an allegation includes a reference to the person making the allegation.
            (3) A reference in this Act to a person referring
information includes a reference to the person giving information.
            (4) For the purposes of this Act, a
disclosure contravenes a certificate issued under section 149
if the disclosure would be contrary to the public interest according to the
terms of the certificate.
            (5) A reference in this Act to a person being
an employee of a government agency includes a reference to a
person being a member of a police force of a State or Territory.
6Â
Meaning of engages in corrupt conduct
Staff members of law enforcement agencies
            (1) For the purpose of this Act, a staff
member of a law enforcement agency engages in corrupt conduct if
the staff member, while a staff member of the agency, engages in:
                    (a) conduct that involves, or that is
engaged in for the purpose of, the staff member abusing his or her office as a
staff member of the agency; or
                    (b) conduct that perverts, or that is
engaged in for the purpose of perverting, the course of justice; or
                    (c) conduct that, having regard to the
duties and powers of the staff member as a staff member of the agency,
involves, or is engaged in for the purpose of, corruption of any other kind.
            (2) If the law enforcement agency is one
referred to in paragraph (d) of the definition of law enforcement
agency, the staff member engages in corrupt conduct only
if the conduct relates to the performance of a law enforcement function of the
agency.
Staff members of ACLEI
            (3) For the purpose of this Act, a staff
member of ACLEI engages in corrupt conduct if the staff member,
while a staff member of ACLEI, engages in:
                    (a) conduct that involves, or that is
engaged in for the purpose of, the staff member abusing his or her office as a
staff member of ACLEI; or
                    (b) conduct that perverts, or that is
engaged in for the purpose of perverting, the course of justice; or
                    (c) conduct that, having regard to the
duties and powers of the staff member as a staff member of ACLEI, involves, or
is engaged in for the purpose of, corruption of any other kind.
General provisions
            (4) To avoid doubt:
                    (a) the conduct referred to in subsection (1)
may be conduct that was engaged in before the commencement of this Act; and
                    (b) a staff member of a law
enforcement agency or ACLEI engages in corrupt conduct even if
the conduct engaged in by the staff member also involves or implicates someone
who is not a staff member of a law enforcement agency or ACLEI.
            (5) For the purposes of this section, conduct
is taken to be engaged in for a purpose if it is engaged in for purposes that
include that purpose.
7Â
Meaning of corruption issue
            (1) For the purposes of this Act, a corruption
issue is an issue whether a person who is, or has been, a staff member
of a law enforcement agency:
                    (a) has, or may have, engaged in
corrupt conduct; or
                    (b) is, or may be, engaging in corrupt
conduct; or
                    (c) will, or may at any time in the
future, engage in corrupt conduct.
            (2) To avoid doubt, an allegation, or
information, may raise a corruption issue even if the identity of
the person is unknown, is uncertain or is not disclosed in the allegation or
information.
8Â
Meaning of ACLEI corruption issue
            (1) For the purposes of this Act, an ACLEI
corruption issue is an issue whether a person who is, or has been, a
staff member of ACLEI:
                    (a) has, or may have, engaged in
corrupt conduct; or
                    (b) is, or may be, engaging in corrupt
conduct; or
                    (c) will, or may at any time in the
future, engage in corrupt conduct.
            (2) To avoid doubt, an allegation, or
information, may raise an ACLEI corruption issue even if the
identity of the person is unknown, is uncertain or is not disclosed in the
allegation or information.
9Â
Corruption issue that relates to a law enforcement agency
                  For the purposes of this Act, a
corruption issue relates to a law enforcement agency if the corruption issue
relates to corrupt conduct of a person as a staff member of the agency.
10Â
Staff members of law enforcement agencies
AFP staff members
            (1) The following are staff members
of the AFP for the purposes of this Act:
                    (a) the Commissioner;
                    (b) a Deputy Commissioner of Police;
                    (c) an AFP employee;
                    (e) a special member;
                     (f) a special protective service
officer;
                   (fa) a person engaged overseas under
section 69A of the Australian Federal Police Act 1979 to perform
duties overseas as an employee of the AFP;
                    (g) a person engaged under section 35
of the Australian Federal Police Act 1979;
                    (h) a
person who is:
                             (i) a member of the police
force of a State or Territory; or
                            (ii) an employee of a
government agency;
                           and who is assisting the AFP in
the performance of its functions by performing functions specified in an
agreement under section 69D of the Australian Federal Police Act 1979.
The terms used in paragraphs (a) to (f) have the same
meaning as in the Australian Federal Police Act 1979.
ACC staff members
            (2) The following are staff members
of the ACC for the purposes of this Act:
                    (a) the CEO of the ACC (within the
meaning of the Australian Crime Commission Act 2002);
                    (b) a person appointed under
subsection 46B(1) of that Act;
                    (c) a member of the staff referred to
in subsection 47(1) of that Act;
                    (d) a person engaged under subsection
48(1) of that Act;
                    (e) a person referred to in section 49
of that Act whose services are made available to the ACC;
                     (f) a legal practitioner appointed
under section 50 of that Act to assist the ACC as counsel.
Former NCA staff members
            (3) The following are staff members
of the former NCA for the purposes of this Act:
                    (a) a member of the former NCA;
                    (b) a member of the staff of the
former NCA referred to in subsection 47(1) of the former NCA Act;
                    (c) a person engaged under subsection
48(1) of the former NCA Act;
                    (d) a person referred to in section 49
of the former NCA Act whose services were made available to the former NCA;
                    (e) a legal practitioner appointed
under section 50 of the former NCA Act to assist the former NCA as
counsel.
Staff members of prescribed law enforcement agencies
            (4) For the purposes of this Act, the staff
members of a Commonwealth government agency that is prescribed for the
purposes of paragraph (d) of the definition of law enforcement
agency are the persons in the class of persons prescribed by the
regulations for the purposes of this subsection.
Secondees
            (5) For the purposes of this Act:
                    (a) a person referred to in paragraph (1)(h)
is a secondee to the AFP; and
                   (aa) a person referred to in paragraph (1)(e)
or (f) who is also an employee of another government agency is a secondee
to the AFP; and
                    (b) a person referred to in paragraph (2)(e)
is a secondee to the ACC; and
                    (c) a person referred to in paragraph (3)(d)
is a secondee to the former NCA; and
                    (d) a person is a secondee
to a Commonwealth agency that is prescribed for the purposes of paragraph (d)
of the definition of law enforcement agency if the regulations
provide that the person is a secondee of that agency.
11Â
Staff members of ACLEI
            (1) The following are staff members
of ACLEI for the purposes of this Act:
                    (a) the Integrity Commissioner;
                    (b) an Assistant Integrity
Commissioner;
                    (c) a member of the staff referred to
in section 197;
                    (d) a person engaged under section 198;
                    (e) a person referred to in section 199
whose services are made available to the Integrity Commissioner;
                     (f) a legal practitioner appointed
under section 200 to assist the Integrity Commissioner as counsel.
            (2) For the purposes of this Act, a person
referred to in paragraph (1)(e) is a secondee to ACLEI.
12Â
Applying Act to staff members of former NCA
            (1) For the purposes of this Act, a person
who was a staff member of the former NCA is taken to have been a staff member
of the ACC.
            (2) Subsection (1) does not apply for
the purposes of section 6.
13Â
State offences that have a federal aspect
Object
            (1) The object of this section is to identify
State offences that have a federal aspect because:
                    (a) they potentially fall within
Commonwealth legislative power because of the elements of the State offence; or
                    (b) they potentially fall within
Commonwealth legislative power because of the circumstances in which the State
offence was committed (whether or not those circumstances are expressed to be
acts or omissions involved in committing the offence); or
                    (c) the investigation of them is
incidental to a corruption investigation that involves, or may involve, an
offence against a law of the Commonwealth or a Territory.
State offences that have a federal aspect
            (2) For the purposes of this Act, a State
offence has a federal aspect if, and only if:
                    (a) both:
                             (i) the State offence is
not an ancillary offence; and
                            (ii) assuming that the
provision creating the State offence had been enacted by the Parliament of the
Commonwealth instead of by the Parliament of the State—the provision would have
been a valid law of the Commonwealth; or
                    (b) both:
                             (i) the State offence is
an ancillary offence that relates to a particular primary offence; and
                            (ii) assuming that the
provision creating the primary offence had been enacted by the Parliament of
the Commonwealth instead of by the Parliament of the State—the provision would
have been a valid law of the Commonwealth; or
                    (c) assuming that the Parliament of
the Commonwealth had enacted a provision that created an offence penalising the
specific acts or omissions involved in committing the State offence—that
provision would have been a valid law of the Commonwealth; or
                    (d) both:
                             (i) the Integrity
Commissioner is investigating a corruption issue that involves, or may involve,
an offence against a law of the Commonwealth or a Territory; and
                            (ii) if the Integrity
Commissioner is investigating, or were to investigate, a corruption issue that
involves, or may involve, the State offence—that investigation is, or would be,
incidental to the investigation referred to in subparagraph (i).
Specificity of acts or omissions
            (3) For the purposes of paragraph (2)(c),
the specificity of the acts or omissions involved in committing a State offence
is to be determined having regard to the circumstances in which the offence was
committed (whether or not those circumstances are expressed to be elements of
the offence).
State offences covered by paragraph (2)(c)
            (4) A State offence is taken to be covered by
paragraph (2)(c) if the conduct constituting the State offence:
                    (a) affects the interests of:
                             (i) the Commonwealth; or
                            (ii) an authority of the
Commonwealth; or
                           (iii) a constitutional
corporation; or
                    (b) was engaged in by a constitutional
corporation; or
                    (c) was engaged in in a Commonwealth
place; or
                    (d) involved the use of a postal
service or other like service; or
                    (e) involved an electronic
communication; or
                     (f) involved trade or commerce:
                             (i) between Australia and
places outside Australia; or
                            (ii) among the States; or
                           (iii) within a Territory,
between a State and a Territory or between 2 Territories; or
                    (g) involved:
                             (i) banking (other than
State banking not extending beyond the limits of the State concerned); or
                            (ii) insurance (other than
State insurance not extending beyond the limits of the State concerned); or
                    (h) relates to a matter outside
Australia; or
                     (i) relates to a matter in respect of
which an international agreement to which Australia is a party imposes
obligations to which effect could be given by the creation of an offence
against the domestic laws of the parties to the agreement; or
                     (j) relates to a matter that affects
the relations between Australia and another country or countries or is
otherwise a subject of international concern.
            (5) Subsection (4) does not limit paragraph (2)(c).
Definitions
            (6) In this section:
ancillary offence, in relation to an offence
(the primary offence), means:
                    (a) an offence of conspiring to commit
the primary offence; or
                    (b) an offence of aiding, abetting,
counselling or procuring, or being in any way knowingly concerned in, the commission
of the primary offence; or
                    (c) an offence of attempting to commit
the primary offence.
Commonwealth place has the same meaning as in
the Commonwealth Places (Application of Laws) Act 1970.
conduct has the same meaning as in the Criminal
Code.
constitutional corporation means a
corporation to which paragraph 51(xx) of the Constitution applies.
electronic communication means a
communication of information:
                    (a) whether in the form of text; or
                    (b) whether in the form of data; or
                    (c) whether in the form of speech,
music or other sounds; or
                    (d) whether in the form of visual
images (animated or otherwise); or
                    (e) whether in any other form; or
                     (f) whether in any combination of
forms;
by means of guided and/or unguided electromagnetic energy.
engage in conduct has the same meaning as in
the Criminal Code.
State includes the Australian Capital
Territory and the Northern Territory.
State offence means an offence against a law
of a State.
Part 3—The Integrity Commissioner
14Â
Integrity Commissioner
                  There is to be an Integrity
Commissioner.
Note:Â Â Â Â Â Â Â Â Â For provisions in relation to the Integrity
Commissioner’s appointment, see Division 1 of Part 13.
15Â
Functions of the Integrity Commissioner
                  The Integrity Commissioner has the
following functions:
                    (a) to investigate and report on
corruption issues;
                    (b) to refer corruption issues, in
appropriate circumstances, to a law enforcement agency for investigation;
                    (c) to manage, oversee or review, in
appropriate circumstances, the investigation of corruption issues by law
enforcement agencies;
                    (d) at the request of the Minister, to
conduct public inquiries into:
                             (i) corruption issues; or
                            (ii) corruption generally
in, or the integrity of staff members of, law enforcement agencies;
                    (e) to collect, correlate, analyse and
disseminate information and intelligence in relation to corruption generally
in, or the integrity of staff members of, both:
                             (i) law enforcement
agencies; and
                            (ii) other Commonwealth
government agencies that have law enforcement functions;
                     (f) on the Integrity Commissioner’s
own initiative, or on request by the Minister, to make reports and
recommendations to the Minister in relation to any matter that concerns the
need for or the desirability of legislative or administrative action on issues
in relation to corruption generally in, or the integrity of staff members of,
law enforcement agencies;
                    (g) any other function conferred on
the Integrity Commissioner by other provisions of this Act or by another Act.
Note:         Paragraph (a)—the investigation of a
corruption issue may be conducted in response to a referral or notification of
the corruption issue to the Integrity Commissioner or on the Integrity
Commissioner’s own initiative.
16Â
Integrity Commissioner to give priority to serious corruption and systemic
corruption
                  In carrying out the Integrity
Commissioner’s functions, the Integrity Commissioner must give priority to
corruption issues that relate to corrupt conduct that constitutes
serious corruption or systemic corruption.
17Â
Integrity Commissioner may enter into agreement with head of law enforcement
agency
            (1) The Integrity Commissioner may enter into
an agreement with the head of a law enforcement agency in relation to all or
any of the following matters:
                    (a) the kinds of issues that are significant
corruption issues in relation to staff members of the agency;
                    (b) the level of detail required to
notify the Integrity Commissioner of a corruption issue;
                    (c) the way in which information or
documents in relation to a corruption issue may be given to the Integrity
Commissioner (whether for the purpose of notifying the Integrity Commissioner
or allowing the Integrity Commissioner to manage, oversee or review an
investigation or otherwise);
                    (d) the level of detail required in
the final report given to the Integrity Commissioner on the law enforcement
agency’s investigation of a corruption issue.
            (2) The Integrity Commissioner may agree with
the head of the law enforcement agency to vary or revoke the agreement.
            (3) The agreement, or the variation or
revocation of the agreement, must be in writing.
Part 4—Dealing with corruption issues
Division 1—Referring corruption issues to Integrity Commissioner
18Â
Referral of corruption issues by Minister
                  The Minister may refer to the Integrity
Commissioner an allegation, or information, that raises a corruption issue.
19Â
Notification of corruption issues by law enforcement agency heads
            (1) As soon as practicable after the head of
a law enforcement agency becomes aware of an allegation, or information, that
raises a corruption issue that relates to the agency, the head of the agency
must:
                    (a) notify the Integrity Commissioner
in writing of the corruption issue (including a description of the corruption
issue and the allegation or information giving rise to the corruption issue);
and
                    (b) indicate whether the corruption
issue is a significant corruption issue.
            (2) The head of the agency does not need to
take action under subsection (1), however, if the head of the agency:
                    (a) has already notified the Integrity
Commissioner of the corruption issue under subsection (1); or
                    (b) has reasonable grounds to believe
that the Integrity Commissioner is already aware of the allegation or the
information.
            (3) The action taken under subsection (1)
must be taken in accordance with any agreement entered into under section 17
between the head of the agency and the Integrity Commissioner.
            (4) With the agreement of the Integrity
Commissioner, the head of the agency may:
                    (a) notify the Integrity Commissioner
under subsection (1) of a corruption issue; and
                    (b) indicate whether the corruption
issue is a significant corruption issue;
by entering the required details on a database.
            (5) This section applies to a corruption
issue that relates to a staff member of the former NCA as if the staff member
were a staff member of the ACC.
20Â
Notification of corruption issue identified as significant corruption issue
            (1) If the head of a law enforcement agency
notifies the Integrity Commissioner of a corruption issue and indicates that it
is a significant corruption issue, the head of the agency must:
                    (a) give the Integrity Commissioner
all the information and documents that:
                             (i) relate to the
corruption issue; and
                            (ii) are in the possession,
or under the control, of the head of the agency; and
                    (b) stop any investigation of the
corruption issue that the agency is already conducting; and
                    (c) take all reasonable steps to
prevent the loss, destruction or fabrication of evidence in relation to the
corruption issue.
This subsection has effect subject to subsection 150(1)
but despite any secrecy provision (other than a law enforcement secrecy
provision or a taxation secrecy provision).
Note:         Paragraph (a)—section 21 requires
the head of the agency to pass on new information that relates to a significant
corruption issue that has already been referred to the Integrity Commissioner.
            (2) The law enforcement agency may resume an
investigation of a corruption issue stopped under paragraph (1)(b), or
commence an investigation of a corruption issue to which subsection (1)
applies, only if the Integrity Commissioner:
                    (a) refers the corruption issue to the
agency under paragraph 26(1)(b) for investigation; or
                    (b) decides to investigate the
corruption issue jointly with the agency under subsection 26(2); or
                    (c) decides under subsection 31(1) to
take no further action in relation to the corruption issue.
21Â Law
enforcement agency head to pass on new information in relation to corruption
issue already referred
            (1) If the head of a law enforcement agency:
                    (a) notifies the Integrity
Commissioner of a corruption issue under section 19 and indicates that it
is a significant corruption issue; and
                    (b) subsequently becomes aware of an
allegation, or information, that is relevant to the corruption issue;
the head of the agency must give the Integrity
Commissioner details of the allegation, or give the Integrity Commissioner the
information, as soon as practicable after the head of the agency becomes aware
of the allegation or information.
            (2) Subsection (1) has effect subject to
subsection 150(1) but despite any secrecy provision (other than a law
enforcement secrecy provision or a taxation secrecy provision).
            (3) The head of the agency does not need to
take action under subsection (1), however, if the head of the agency:
                    (a) has reasonable grounds to believe
that the Integrity Commissioner is already aware of the allegation or the
information; or
                    (b) becomes aware of the allegation or
information in the course of an investigation of the corruption issue and:
                             (i) the agency is
conducting the investigation as a result of the Integrity Commissioner
referring that corruption issue to the agency for investigation; or
                            (ii) the Integrity
Commissioner is managing or overseeing the investigation.
22Â
Notification of corruption issue not identified as significant corruption issue
            (1) If the head of a law enforcement agency
notifies a corruption issue to the Integrity Commissioner under section 19
but does not indicate that it is a significant corruption issue, the head of
the agency must:
                    (a) if the agency is already
investigating the corruption issue—ensure that the investigation is continued
and completed; and
                    (b) if the agency is not already
investigating the corruption issue—ensure that the agency investigates the
corruption issue.
This subsection applies subject to any action taken by the
Integrity Commissioner under section 32 or 42.
            (2) The head of the agency does not need to
take the action referred to in subsection (1) if he or she is satisfied
that:
                    (a) the matter:
                             (i) involves or implicates
a secondee to the agency who is an employee of a government agency (the home
agency); and
                            (ii) is already being
investigated by the home agency or an integrity agency for a State or
Territory; or
                    (b) the making of the allegation that
raises the corruption issue, or the giving of the information that raises the
corruption issue, is frivolous or vexatious; or
                    (d) the corrupt conduct to which the
corruption issue relates has been, is or will be, the subject of proceedings
before a court; or
                    (e) subject to subsection (2A), a
Commonwealth law that applies to the agency allows the agency to decide not to
deal with the allegation or information that raises the corruption issue.
However, the head of the agency must advise the Integrity
Commissioner that the agency will not be investigating the corruption issue and
the reason why the agency will not be investigating the corruption issue.
         (2A) Despite paragraph (2)(e), the agency
must continue and complete, or begin and complete, an investigation of the
corruption issue if the Integrity Commissioner considers, despite the
Commonwealth law, that it would be more appropriate for the issue to be
investigated.
            (3) With the agreement of the Integrity
Commissioner, the head of the agency may advise the Integrity Commissioner
under subsection (2) by entering the required details on a database to
which the Integrity Commissioner has access.
23Â
Referral of corruption issues by other people
            (1) A person (other than the Minister) may
refer to the Integrity Commissioner under this section an allegation, or
information, that raises a corruption issue.
            (2) Without limiting subsection (1):
                    (a) the person may refer the
allegation or information on behalf of:
                             (i) another person; or
                            (ii) a government agency
(other than a law enforcement agency); or
                           (iii) a body or association
of persons; and
                    (b) the person may refer the
allegation or information anonymously; and
                    (c) the person may refer the
allegation or information either orally or in writing.
            (3) If the person refers the allegation or
information orally, the Integrity Commissioner may require the person to put
the allegation or the information in writing.
            (4) If the person is asked to put the
allegation or information in writing under subsection (3), the Integrity
Commissioner may refuse to investigate the corruption issue that the allegation
or information raises, or to investigate the corruption issue further, until
the allegation or information is put in writing.
            (5) If the Ombudsman:
                    (a) decides, under subsection 6(16) of
the Ombudsman Act 1976, to refer an allegation or information to
the Integrity Commissioner; or
                    (b) is required, under subsection
6(17) of that Act, to refer an allegation or information to the Integrity
Commissioner;
the person who referred the allegation or information to
the Ombudsman is taken to have referred the allegation or information to the
Integrity Commissioner under this section.
24Â
Referral under section 23 by person in custody
Application of section
            (1) This section applies if a person who is
detained in custody (the prisoner) wishes to refer an allegation
or information to the Integrity Commissioner under section 23.
            (2) A reference in this section to a custodian
is a reference to:
                    (a) the person in whose custody the
prisoner is detained; or
                    (b) any other person performing duties
in connection with the prisoner’s detention.
Facilities to be provided for communicating with
Integrity Commissioner
            (3) The prisoner is entitled to be provided
with facilities for:
                    (a) preparing a written record of the
allegation or information; and
                    (b) for enclosing that written record
in a sealed envelope;
if the prisoner requests a custodian to have those
facilities provided.
            (4) The prisoner is entitled to have sent to
the Integrity Commissioner, without undue delay, a sealed envelope that is:
                    (a) delivered by the prisoner to a
custodian; and
                    (b) addressed to the Integrity
Commissioner;
if the prisoner requests a custodian to have the envelope
sent to the Integrity Commissioner.
            (5) The prisoner is entitled to have
delivered to the prisoner, without undue delay, any sealed envelope that:
                    (a) is addressed to the prisoner; and
                    (b) is sent by the Integrity
Commissioner; and
                    (c) comes into the possession, or
under the control, of a custodian.
Dealing with communications between prisoner and
Integrity Commissioner
            (6) If:
                    (a) the prisoner delivers to a
custodian a sealed envelope addressed to the Integrity Commissioner for sending
to the Integrity Commissioner; or
                    (b) a sealed envelope addressed to the
prisoner and sent by the Integrity Commissioner comes into the possession, or
under the control, of a custodian;
neither that custodian, nor any other custodian, is
entitled to open the envelope or to inspect any document enclosed in the
envelope.
Arrangements with State and Territory prison
authorities
            (7) For the purposes of this section, the
Integrity Commissioner may make arrangements with the appropriate authority of
a State or a Territory for the identification and delivery of sealed envelopes
sent by the Integrity Commissioner to persons detained in custody in that State
or Territory.
25Â
Person making referral under section 23 may elect to be kept informed
            (1) If a person refers an allegation or information
to the Integrity Commissioner under section 23, the Integrity Commissioner
must ask the person to elect whether or not to be kept informed of the action
taken in relation to the corruption issue raised by the allegation or
information.
            (2) Subsection (1) does not apply if the
person refers the allegation or information anonymously.
            (3) If the person fails to make an election
when asked to do so, the person is taken to have elected not to be kept
informed of the action taken in relation to the corruption issue.
            (4) If the person elects to be kept informed
of the action taken in relation to the corruption issue, the person may revoke
the election at any time by notice to the Integrity Commissioner.
Division 2—How Integrity Commissioner deals with corruption issues
Subdivision A—General
26Â How
Integrity Commissioner may deal with corruption issues
            (1) The Integrity Commissioner may deal with
a corruption issue that relates to a law enforcement agency in any of the
following ways:
                    (a) by investigating the corruption
issue;
                    (b) by referring the corruption issue
to the law enforcement agency for investigation and:
                             (i) managing the
investigation; or
                            (ii) overseeing the
investigation; or
                           (iii) neither managing nor
overseeing the investigation;
                    (c) if the law enforcement agency is
not the AFP—by referring the corruption issue to the AFP for investigation and:
                             (i) managing the
investigation; or
                            (ii) overseeing the
investigation; or
                           (iii) neither managing nor
overseeing the investigation;
                    (d) by managing an investigation of
the corruption issue that is being conducted by the law enforcement agency;
                    (e) by overseeing an investigation of
the corruption issue that is being conducted by the law enforcement agency.
Note:Â Â Â Â Â Â Â Â Â Subsection 29(6) gives the Integrity
Commissioner further options for dealing with the corruption issue to the
extent to which it relates to the conduct of a secondee to the law enforcement
agency.
            (2) The Integrity Commissioner may
investigate the corruption issue under paragraph (1)(a) either alone or
jointly with another government agency or an integrity agency for a State or
Territory.
27Â
Criteria for deciding how to deal with a corruption issue
            (1) The Integrity Commissioner must have
regard to the matters set out in subsection (2) in deciding:
                    (a) how to deal with a corruption
issue that relates to a law enforcement agency; or
                    (b) whether to take no further action
in relation to a corruption issue that relates to a law enforcement agency.
            (2) The matters to which the Integrity
Commissioner must have regard are the following:
                    (a) the need to ensure that the
corruption issue is fully investigated;
                    (b) the rights and obligations of the
law enforcement agency to investigate the corruption issue;
                    (c) if a joint investigation of the
corruption issue by the Integrity Commissioner and the law enforcement agency
is being considered—the extent to which the law enforcement agency is able to
cooperate in the investigation;
                    (d) the resources that are available
to each of the following to investigate the corruption issue:
                             (i) the Integrity
Commissioner;
                            (ii) the AFP;
                           (iii) the law enforcement
agency;
                    (e) the need to ensure a balance
between:
                             (i) the Integrity
Commissioner’s role in dealing with corruption issues in law enforcement agencies
(particularly in dealing with significant corruption issues); and
                            (ii) ensuring that the
heads of law enforcement agencies take responsibility for managing their
agencies;
                     (f) the likely significance of the
corruption issue for the law enforcement agency.
28Â
Dealing with multiple corruption issues
            (1) The Integrity Commissioner may, in his or
her discretion, deal with a number of corruption issues together (whether or
not they are raised by the same allegation or information).
            (2) Without limiting subsection (1), if
an allegation, or information, raises a number of corruption issues, the
Integrity Commissioner:
                    (a) may deal with some or all of those
corruption issues together; and
                    (b) may deal with some or all of those
corruption issues separately.
            (3) Without limiting subsection (1), the
Integrity Commissioner may prepare a single report in relation to a number of
corruption issues.
29Â How
Integrity Commissioner may deal with corruption issues that relate to conduct
of secondee from government agency
Section applies if secondee is employee of government
agency
            (1) This section applies if:
                    (a) a corruption issue relates to the
conduct of a secondee to a law enforcement agency; and
                    (b) the secondee is an employee of a
government agency (the home agency).
Informing head of government agency and integrity
agency about corruption issue
            (2) The Integrity Commissioner must:
                    (a) inform the head of the home agency
of the corruption issue; and
                    (b) give the head of the home agency
such further information in relation to the corruption issue as the head of the
home agency requests; and
                    (c) if the home agency is the police
force of a State or Territory:
                             (i) inform the head of the
integrity agency (if any) for the State or Territory of the corruption issue;
and
                            (ii) give the head of the
integrity agency (if any) for the State or Territory such further information
in relation to the corruption issue as the head of the integrity agency
requests.
This subsection has effect subject to section 152
(which deals with section 149 certified information).
            (3) However, the Integrity Commissioner need
not inform the head of the home agency, and the head of the integrity agency,
of the corruption issue if doing so is likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (4) If the Integrity Commissioner does not
inform the head of the home agency, or the head of the integrity agency, of the
corruption issue because of subsection (3), the Integrity Commissioner
must:
                    (a) inform the Minister that the head
of the home agency, or the head of the integrity agency, has not been informed
of the corruption issue; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not informing the head of the home agency, or the
head of the integrity agency, of the corruption issue.
            (5) The Integrity Commissioner does not need
to take action under paragraph (2)(a) or subparagraph (2)(c)(i) if
the Integrity Commissioner has reasonable grounds to believe that the head of
the home agency, or the head of the integrity agency, is already aware of the
corruption issue.
Arranging for government agency to investigate
corruption issue
            (6) The Integrity Commissioner may deal with
the corruption issue:
                    (a) by arranging, in writing, with the
head of the home agency for the home agency to investigate the corruption
issue; or
                    (b) if the secondee is from the police
force of a State or Territory—by arranging, in writing, with the head of the
integrity agency for the State or Territory for the integrity agency to
investigate the corruption issue.
            (7) To avoid doubt, subsection (6) does
not limit the operation of section 26 in relation to the corruption issue.
Criteria for deciding how to deal with corruption issue
            (8) The Integrity Commissioner must have
regard to the matters set out in subsection (9) in deciding:
                    (a) how to deal with the corruption
issue; or
                    (b) whether to take no further action
in relation to a corruption issue.
            (9) The matters that the Integrity
Commissioner must have regard to are the following:
                    (a) the rights and obligations of:
                             (i) the home agency; and
                            (ii) the integrity agency
(if any) for the State or Territory;
                           to investigate the corruption
issue;
                    (b) if a joint investigation of the
corruption issue is being considered—the extent to which the agencies referred
to in paragraph (a) are able to cooperate in the investigation;
                    (c) the resources available to the
Integrity Commissioner, the AFP and the agencies referred to in paragraph (a)
to investigate the corruption issue;
                    (d) the need to ensure a balance
between:
                             (i) the Integrity
Commissioner’s role in dealing with corruption issues in law enforcement
agencies (particularly in dealing with significant corruption issues); and
                            (ii) ensuring that the head
of the home agency takes responsibility for managing the home agency; and
                           (iii) the role of the
integrity agency (if any) for the State or Territory in dealing with corruption
issues that relate to the State’s or Territory’s police force; and
                    (e) the likely significance of the
corruption issue for:
                             (i) the law enforcement
agency; and
                            (ii) the home agency; and
                           (iii) the integrity agency
(if any) for the State or Territory.
Operation of section 27
          (10) To avoid doubt, subsections (8) and
(9) do not limit the operation of section 27 in relation to the corruption
issue.
30Â
Arranging for government agencies and integrity agencies to investigate
corruption issues relating to conduct of secondees
            (1) If a government agency, or an integrity
agency for a State or Territory, has power to investigate a corruption issue
that relates to the conduct of a secondee to a law enforcement agency, the
Integrity Commissioner may arrange with the head of the agency for the agency
to investigate the corruption issue.
            (2) If the Integrity Commissioner enters into
such an arrangement, the agency may investigate the corruption issue to the
full extent of its powers under any laws of the Commonwealth or of a State or
Territory.
            (3) The arrangement may relate to:
                    (a) a particular corruption issue or
issues; or
                    (b) a series of related corruption
issues.
            (4) The Integrity Commissioner may arrange
with the agency for the variation or revocation of the arrangement.
            (5) The arrangement, or the variation or
revocation of the arrangement, must be in writing.
            (6) The regulations may make provision for
and in relation to the participation by the Integrity Commissioner in the
carrying out of a joint investigation in accordance with an arrangement under
this section.
            (7) Nothing in this section affects the
powers and duties of the Integrity Commissioner under any other provision of
this Act.
Subdivision B—Integrity Commissioner dealing with corruption issues
referred or notified
31Â
Significant corruption issues notified under section 19 and corruption
issues referred under section 18 or 23
            (1) This section applies if:
                    (a) the head of a law enforcement
agency:
                             (i) notifies the Integrity
Commissioner of a corruption issue under section 19; and
                            (ii) indicates that it is a
significant corruption issue; or
                    (b) an allegation, or information,
that raises a corruption issue is referred to the Integrity Commissioner under
section 18 or 23.
            (2) The Integrity Commissioner must decide:
                    (a) to deal with the corruption issue
in one of the ways referred to in subsection 26(1) or 29(6); or
                    (b) to take no further action in
relation to the corruption issue.
            (3) Subsection (2) does not apply if the
Integrity Commissioner has already made a decision under that subsection in
relation to the corruption issue.
            (4) The Integrity Commissioner may decide
under subsection (2) to take no further action in relation to the
corruption issue only if he or she is satisfied that:
                    (a) the corruption issue is already
being, or will be, investigated by:
                             (i) a law enforcement
agency; or
                            (ii) a government agency;
or
                           (iii) an integrity agency
for a State or Territory; or
                    (b) the referral of the allegation or
information to the Integrity Commissioner is frivolous or vexatious; or
                    (d) the corrupt conduct to which the
corruption issue relates has been, is or will be, the subject of proceedings
before a court; or
                    (e) an investigation of the corruption
issue is not warranted having regard to all the circumstances.
32Â
Corruption issues notified under section 19 (other than significant
corruption issues)
            (1) This section applies if the head of a law
enforcement agency:
                    (a) notifies the Integrity
Commissioner of a corruption issue under section 19; and
                    (b) does not indicate that it is a
significant corruption issue.
            (2) The Integrity Commissioner may decide to
deal with the corruption issue in one of the ways referred to in subsection
26(1) or 29(6).
            (3) For the purposes of making a decision
about how to deal with the corruption issue, the Integrity Commissioner may
request the head of a law enforcement agency to give the Integrity Commissioner
the information specified in the request.
            (4) The head of the law enforcement agency must
comply with the request.
            (5) Subsection (3) does not limit the
information to which the Integrity Commissioner may have regard in making a
decision about how to deal with the corruption issue.
            (6) If the Integrity Commissioner does decide
to deal with the corruption issue in one of the ways referred to in subsection
26(1) or 29(6), the Integrity Commissioner may direct the head of the law
enforcement agency that the agency is not to investigate the corruption issue.
            (7) A direction under subsection (6) is
not a legislative instrument.
Subdivision C—Advising particular people of decision about how to deal
with corruption issue
33Â
Minister
            (1) If the Minister refers an allegation, or
information, that raises a corruption issue to the Integrity Commissioner under
section 18, the Integrity Commissioner must advise the Minister of:
                    (a) the Integrity Commissioner’s
decision under section 31 in relation to the corruption issue; and
                    (b) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
            (2) The Integrity Commissioner must advise
the Minister of the decision:
                    (a) in writing; and
                    (b) as soon as reasonably practicable
after the decision is made.
34Â
Person who refers corruption issue
Integrity Commissioner to advise person who refers
corruption issue
            (1) If a person:
                    (a) refers an allegation, or
information, that raises a corruption issue to the Integrity Commissioner under
section 23; and
                    (b) elects under section 25 to be
kept informed of the action taken in relation to the corruption issue;
the Integrity Commissioner must advise the person of:
                    (c) the Integrity Commissioner’s
decision under section 31 in relation to the corruption issue; and
                    (d) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Form and timing of advice
            (2) The Integrity Commissioner must advise
the person of the decision:
                    (a) in writing; and
                    (b) as soon as reasonably practicable
after the decision is made.
Exception
            (3) However, the Integrity Commissioner need
not advise the person if the Integrity Commissioner is satisfied that doing so
is likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
Advice to nominated person or office holder
            (4) If:
                    (a) a person refers an allegation, or
information, that raises the corruption issue to the Integrity Commissioner on
behalf of:
                             (i) another person; or
                            (ii) a government agency
(other than a law enforcement agency); or
                           (iii) a body or association
of persons; and
                    (b) the other person, the agency, the
body or the association nominates:
                             (i) another person; or
                            (ii) the holder of a
particular office in the agency, body or association;
                           by notice in writing to the
Integrity Commissioner, to receive communications from the Integrity
Commissioner;
the Integrity Commissioner must give the advice required
by subsection (1) to the person nominated or the person for the time being
holding the office nominated.
35Â
Head of law enforcement agency
Commissioner to advise head of law enforcement agency
            (1) If:
                    (a) an allegation, or information,
that raises a corruption issue is referred to the Integrity Commissioner under
section 18 or 23; and
                    (b) the corruption issue relates to a
law enforcement agency;
the Integrity Commissioner must advise the head of the
agency of:
                    (c) the Integrity Commissioner’s decision
under section 31 in relation to the corruption issue; and
                    (d) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Form and timing of advice
            (2) The Integrity Commissioner must advise
the head of the agency of the decision:
                    (a) in writing; and
                    (b) as soon as reasonably practicable
after the decision is made.
Exception
            (3) However, the Integrity Commissioner need
not advise the head of the agency if doing so would be likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (4) If the Integrity Commissioner does not
advise the head of the agency of the decision because of subsection (3),
the Integrity Commissioner must:
                    (a) inform the Minister that the head
of the agency has not been advised of the decision; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not advising the head of the agency of the decision;
and
                    (c) inform the Minister that the
consultations that would otherwise take place under section 49 will not
take place.
36Â
Heads of home agency and integrity agency
Section applies to secondment situations
            (1) This section applies if:
                    (a) an allegation, or information,
that raises a corruption issue is referred to the Integrity Commissioner under
section 18 or 23; and
                    (b) the corruption issue relates to
the conduct of a person who:
                             (i) is, or has been, a secondee
to a law enforcement agency; and
                            (ii) is an employee of a
government agency (the home agency).
Advising head of home agency
            (2) The Integrity Commissioner must advise
the head of the home agency of:
                    (a) the Integrity Commissioner’s
decision under section 31 in relation to the corruption issue; and
                    (b) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Advising head of integrity agency
            (3) If the home agency is the police force of
a State or Territory, the Integrity Commissioner must also advise the head of
the integrity agency (if any) for the State or Territory of:
                    (a) the Integrity Commissioner’s
decision under section 31 in relation to the corruption issue; and
                    (b) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Form and timing of advice
            (4) The Integrity Commissioner must advise
the head of the home agency or integrity agency:
                    (a) in writing; and
                    (b) as soon as reasonably practicable
after the decision is made.
Exception
            (5) However, the Integrity Commissioner need
not advise the head of the home agency, or integrity agency, if doing so would
be likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) If the Integrity Commissioner does not
advise the head of the home agency, or integrity agency, of the decision
because of subsection (5), the Integrity Commissioner must:
                    (a) inform the Minister that the head
of the home agency, or integrity agency, has not been advised of the decision;
and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not advising the head of the home agency, or
integrity agency, of the decision; and
                    (c) inform the Minister that the
consultations that would otherwise take place under section 49 will not
take place.
37Â
Staff member to whom corruption issue relates
                  If the Integrity Commissioner makes a
decision under section 31, 32 or 42 in relation to a corruption issue that
relates to a person who is, or has been, a staff member of a law enforcement
agency, the Integrity Commissioner may advise the person of the Integrity
Commissioner’s decision.
Subdivision D—Integrity Commissioner dealing with corruption issues on own
initiative
38Â
Integrity Commissioner may deal with corruption issues on own initiative
            (1) If the Integrity Commissioner becomes aware
of an allegation, or information, that raises a corruption issue, the Integrity
Commissioner may, on his or her own initiative, deal with the corruption issue
in one of the ways referred to in subsection 26(1) or 29(6).
            (2) Subsection (1) does not apply if the
Integrity Commissioner becomes aware of the allegation or information because
of action taken under Division 1 of this Part.
            (3) If the Integrity Commissioner decides to
deal with the corruption issue in one of the ways referred to in subsection 26(1)
or 29(6), the Integrity Commissioner may direct the head of the law enforcement
agency to which the corruption issue relates that the agency is not to
investigate the corruption issue.
            (4) A direction under subsection (3) is
not a legislative instrument.
            (5) Without limiting subsection (1), if
the Integrity Commissioner:
                    (a) is investigating, or inquiring
into, a particular corruption issue; and
                    (b) in the course of doing so, becomes
aware of an allegation, or information, that raises another corruption issue;
the Integrity Commissioner may deal with that other
corruption issue in one of the ways referred to in subsection 26(1) or 29(6).
39Â
Advising head of law enforcement agency of decision to deal with corruption
issue on own initiative
Advice to head of law enforcement agency
            (1) If:
                    (a) the Integrity Commissioner
decides, on his or her own initiative, to deal with a corruption issue in one
of the ways referred to in subsection 26(1) or 29(6); and
                    (b) the corruption issue relates to a
law enforcement agency;
the Integrity Commissioner must advise the head of the
agency of:
                    (c) the Integrity Commissioner’s
decision to deal with the corruption issue in that way; and
                    (d) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Form and timing of advice
            (2) The Integrity Commissioner must advise
the head of the agency of the decision:
                    (a) in writing; and
                    (b) as soon as reasonably practicable
after the decision is made.
Exception
            (3) However, the Integrity Commissioner need
not advise the head of the agency if doing so is likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (4) If the Integrity Commissioner does not
advise the head of the agency of the decision because of subsection (3),
the Integrity Commissioner must:
                    (a) inform the Minister that the head
of the agency has not been advised of the decision; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not advising the head of the agency of the decision;
and
                    (c) inform the Minister that the
consultations that would otherwise take place under section 49 will not
take place.
40Â
Advising heads of government agency and integrity agency of decision to deal
with corruption issue on own initiative
Section applies to secondment situations
            (1) This section applies if:
                    (a) the Integrity Commissioner
decides, on his or her own initiative, to deal with a corruption issue in one
of the ways referred to in subsection 26(1) or 29(6); and
                    (b) the corruption issue relates to
the conduct of a person who:
                             (i) is, or has been, a
secondee to a law enforcement agency; and
                            (ii) is an employee of a
government agency (the home agency).
Advising head of home agency
            (2) The Integrity Commissioner must advise
the head of the home agency of:
                    (a) the Integrity Commissioner’s
decision to deal with the corruption issue in that way; and
                    (b) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Advising head of integrity agency
            (3) If the home agency is the police force of
a State or Territory, the Integrity Commissioner must also advise the head of
the integrity agency (if any) for the State or Territory of:
                    (a) the Integrity Commissioner’s
decision to deal with the corruption issue in that way; and
                    (b) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Form and timing of advice
            (4) The Integrity Commissioner must advise
the head of the home agency or integrity agency of the decision:
                    (a) in writing; and
                    (b) as soon as reasonably practicable
after the decision is made.
Exception
            (5) However, the Integrity Commissioner need
not advise the head of the home agency, or integrity agency, if doing so would
be likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) If the Integrity Commissioner does not
advise the head of the home agency, or integrity agency, of the decision
because of subsection (5), the Integrity Commissioner must:
                    (a) inform the Minister that the head
of the home agency, or integrity agency, has not been advised of the decision;
and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not advising the head of the home agency, or
integrity agency, of the decision; and
                    (c) inform the Minister that the
consultations that would otherwise take place under section 49 will not
take place.
41Â
Advising staff member of decision to deal with corruption issue on own initiative
                  If:
                    (a) the Integrity Commissioner
decides, on his or her own initiative, to deal with a corruption issue in one
of the ways referred to in subsection 26(1) or 29(6); and
                    (b) the corruption issue relates to a
person who is, or has been, a staff member of a law enforcement agency;
the Integrity Commissioner may advise the person of:
                    (c) the Integrity Commissioner’s
decision to deal with the corruption issue in that way; and
                    (d) any decision the Integrity
Commissioner makes under section 42 on a reconsideration of how the
corruption issue should be dealt with.
Subdivision E—Reconsidering how to deal with a corruption issue
42Â
Reconsidering how to deal with a corruption issue
            (1) The Integrity Commissioner may, at any
time, reconsider how a particular corruption issue should be dealt with.
            (2) On that reconsideration, the Integrity
Commissioner may:
                    (a) if the corruption issue is not
being dealt with in one of the ways referred to in subsection 26(1) or
29(6)—decide to deal with the corruption issue in one of the ways referred to
in those subsections; or
                    (b) if the corruption issue is being
dealt with in one of the ways referred to in subsection 26(1) or 29(6)—decide
to deal with the corruption issue in another of the ways referred to in those
subsections, or to take no further action in relation to the corruption issue.
            (3) The Integrity Commissioner may decide
under subsection (2) to take no further action in relation to the
corruption issue only if he or she is satisfied that:
                    (a) the corruption issue is already
being, or will be, investigated by:
                             (i) a law enforcement
agency; or
                            (ii) a government agency;
or
                           (iii) an integrity agency
for a State or Territory; or
                    (b) the referral of the allegation, or
information, that raises the corruption issue is frivolous or vexatious; or
                    (d) the corrupt conduct to which the
corruption issue relates has been, is or will be, the subject of proceedings
before a court; or
                    (e) further investigation of the
corruption issue is not warranted having regard to all the circumstances.
            (4) If, on that reconsideration, the
Integrity Commissioner decides to deal with the corruption issue in one of the
ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may
direct the head of the law enforcement agency to which the corruption issue
relates that the agency is not to investigate the corruption issue.
            (5) A direction under subsection (4) is
not a legislative instrument.
Part 5—Information sharing when decision made on how to deal with
corruption issue
Division 1—Giving information to head of agency conducting investigation
43Â
Division applies if agency to conduct, or continue conducting, investigation of
corruption issue
            (1) This Division applies if:
                    (a) the Integrity Commissioner decides
to deal with a corruption issue that relates to a law enforcement agency by
referring the corruption issue to:
                             (i) the law enforcement
agency; or
                            (ii) the AFP;
                           for investigation; or
                    (b) the Integrity Commissioner is
notified of a corruption issue under section 19 by the head of a law
enforcement agency and the law enforcement agency is investigating the
corruption issue.
            (2) This Division also applies if:
                    (a) a corruption issue relates in
whole or in part to the conduct of a secondee of a law enforcement agency; and
                    (b) the secondee is an employee of a
Commonwealth government agency; and
                    (c) the Integrity Commissioner decides
to deal with the corruption issue, to the extent to which it relates to the
conduct of the secondee, by arranging for the Commonwealth government agency to
investigate the corruption issue.
            (3) This Division also applies if:
                    (a) a corruption issue relates in
whole or in part to the conduct of a secondee of a law enforcement agency; and
                    (b) the secondee is an employee of a
State or Territory government agency; and
                    (c) the Integrity Commissioner decides
to deal with the corruption issue, to the extent to which it relates to the
conduct of the secondee by arranging for:
                             (i) the State or Territory
government agency; or
                            (ii) the integrity agency
for the State or Territory;
                           to investigate the corruption
issue.
44Â
Integrity Commissioner to give information or documents to agency head
            (1) The Integrity Commissioner must give the
head of the agency investigating the corruption issue information or a document
if:
                    (a) the information or document:
                             (i) relates to the
corruption issue to the extent to which the agency is investigating the issue;
and
                            (ii) is in the possession,
or under the control, of the Integrity Commissioner; and
                    (b) the head of the agency does not
already have the information or document.
Note:Â Â Â Â Â Â Â Â Â Under section 70, the Integrity
Commissioner has a continuing obligation to pass on information that the
Integrity Commissioner becomes aware of and that is relevant to the corruption
issue.
            (2) Subsection (1) has effect subject to
section 152 (which deals with section 149 certified information).
            (3) The Integrity Commissioner may give the
original or a copy of a document.
Division 2—Information to be given by law enforcement agency that has
already commenced investigation
45Â
Division applies if law enforcement agency has already commenced investigating
corruption issue
                  This Division applies if:
                    (a) the Integrity Commissioner decides
to deal with a corruption issue that relates to a law enforcement agency in one
of the ways referred to in subsection 26(1) or 29(6); and
                    (b) the law enforcement agency has
started or continued investigating the corruption issue before the Integrity
Commissioner makes that decision.
46Â
Integrity Commissioner may direct agency head to give information or documents
that relate to corruption issue
            (1) The Integrity Commissioner may direct the
head of the agency investigating the corruption issue to give the Integrity
Commissioner, or the head of another government agency, all information or
documents that:
                    (a) relate to the corruption issue;
and
                    (b) are in the possession, or under
the control, of the head of the agency.
            (2) The direction must be in writing.
            (3) Subject to subsection 150(1) and section 151,
the head of a law enforcement agency must comply with the direction.
            (4) A direction given under this section is
not a legislative instrument.
Part 6—Investigations by Integrity Commissioner
Division 1—Investigation
47Â
Application of Division
                  This Division applies if the Integrity
Commissioner investigates a corruption issue (whether alone or jointly with
another person or persons).
48Â
Integrity Commissioner to determine manner of conducting investigation
                  The Integrity Commissioner may conduct
the investigation in such manner as the Integrity Commissioner thinks fit.
Note:Â Â Â Â Â Â Â Â Â Part 9 provides for particular powers
that are available to the Integrity Commissioner for the purposes of the
investigation.
49Â
Coordinating Integrity Commissioner’s investigation and law enforcement
operations
            (1) If the Integrity Commissioner informs the
head of a law enforcement agency under section 35 that the Integrity
Commissioner has decided to investigate a corruption issue that relates to the
agency, the Integrity Commissioner must consult, from time to time, with the
head of the agency and take reasonable steps to ensure that the investigation
does not prejudice the agency’s law enforcement operations.
            (2) If the Integrity Commissioner informs the
head of a government agency under section 36 that the Integrity
Commissioner has decided to investigate a corruption issue, the Integrity
Commissioner may consult, from time to time, with the head of the government
agency with a view to taking reasonable steps to ensure that the investigation
does not prejudice the government agency’s law enforcement operations.
Note:Â Â Â Â Â Â Â Â Â The government agency may be the integrity
agency for a State or Territory (see subsection 36(3)).
50Â
Information sharing for joint investigation
            (1) If:
                    (a) the Integrity Commissioner is
investigating a corruption issue jointly with:
                             (i) a law enforcement
agency; or
                            (ii) a government agency;
or
                           (iii) an integrity agency
for a State or Territory; and
                    (b) information or documents in
relation to the investigation are in the possession, or under the control, of
the Integrity Commissioner; and
                    (c) the head of the agency does not
already have the information or documents;
the Integrity Commissioner may give the head of the agency
the information or documents.
            (2) Subsection (1) has effect subject to
section 152 (which deals with section 149 certified information).
            (3) The Integrity Commissioner may give the
head of the agency the original or a copy of a document under subsection (1).
51Â
Opportunity to be heard
Opinion or finding critical
            (1) Subject to subsection (2), the
Integrity Commissioner must not include in a report under section 54 in
relation to an investigation of a corruption issue an opinion or finding that
is critical of a government agency or person (either expressly or impliedly)
unless the Integrity Commissioner has taken the action required by subsection (3)
or (4) before completing the investigation.
            (2) Subsection (1) does not apply if the
Integrity Commissioner is satisfied that:
                    (a) a person may have:
                             (i) committed a criminal
offence; or
                            (ii) contravened a civil
penalty provision; or
                           (iii) engaged in conduct
that could be the subject of disciplinary proceedings; or
                           (iv) engaged in conduct that
could be grounds for terminating the person’s appointment or employment; and
                    (b) taking action under subsection (3)
or (4) would compromise the effectiveness of:
                             (i) the investigation of
the corruption issue or another corruption investigation; or
                            (ii) any action taken as a
result of an investigation referred to in subparagraph (i).
Opportunity to appear and make submissions
            (3) If the opinion or finding is critical of
an agency, the Integrity Commissioner must give the head of the agency:
                    (a) a statement setting out the
opinion or finding; and
                    (b) a reasonable opportunity to appear
before him or her and to make submissions in relation to the opinion or
finding.
            (4) If the opinion or finding is critical of
a person, the Integrity Commissioner must give the person:
                    (a) a statement setting out the
opinion or finding; and
                    (b) a reasonable opportunity to appear
before him or her and to make submissions in relation to the opinion or
finding.
            (5) Submissions under subsection (3) or
(4) may be made orally or in writing.
Representation
            (6) The head of an agency may:
                    (a) appear before the Integrity
Commissioner personally; or
                    (b) authorise another person to appear
before the Integrity Commissioner on his or her behalf.
            (7) A person referred to in subsection (4):
                    (a) may appear before the Integrity
Commissioner personally; or
                    (b) may, with the Integrity
Commissioner’s approval, be represented by another person.
Division 2—Reporting
Subdivision A—Reporting during investigation
52Â
Integrity Commissioner to keep person who referred corruption issue informed of
progress of investigation
Minister
            (1) If:
                    (a) the Minister refers an allegation,
or information, that raises a corruption issue to the Integrity Commissioner
under section 18; and
                    (b) the Integrity Commissioner
investigates the corruption issue;
the Integrity Commissioner must take such steps as the
Integrity Commissioner considers reasonable to keep the Minister informed of
the progress of the investigation of that corruption issue.
Head of law enforcement agency
            (2) If:
                    (a) the head of a law enforcement
agency notifies the Integrity Commissioner of a corruption issue under section 19;
and
                    (b) the Integrity Commissioner
investigates the corruption issue;
the Integrity Commissioner must take such steps as the
Integrity Commissioner considers reasonable to keep the head of the agency
informed of the progress of the investigation of that corruption issue.
Person who refers issue under section 23
            (3) If:
                    (a) a person refers an allegation, or
information, that raises a corruption issue to the Integrity Commissioner under
section 23; and
                    (b) the Integrity Commissioner
investigates the corruption issue; and
                    (c) the person elects under section 25
to be kept informed of the action taken in relation to the corruption issue and
has not revoked the election;
the Integrity Commissioner must take such steps as the
Integrity Commissioner considers reasonable to keep the person informed of the
progress of the investigation of that corruption issue.
53Â
Integrity Commissioner to keep home agency and integrity agency informed of
progress of investigation
            (1) This section applies if:
                    (a) a corruption issue relates to the
conduct of a secondee to a law enforcement agency; and
                    (b) the secondee is an employee of a
government agency (the home agency).
            (2) If the Integrity Commissioner informs the
head of the home agency of the corruption issue under subsection 29(2), the
Integrity Commissioner must take such steps as the Integrity Commissioner
considers reasonable to keep the head of the home agency informed of the
progress of the investigation of that corruption issue.
            (3) If:
                    (a) if the secondee is from the police
force of a State or Territory; and
                    (b) the Integrity Commissioner informs
the head of the integrity agency (if any) for the State or Territory of the
corruption issue under subsection 29(2);
the Integrity Commissioner must take such steps as the
Integrity Commissioner considers reasonable to keep the head of the integrity
agency informed of the progress of the investigation of that corruption issue.
Subdivision B—Reporting at the end of investigation
54Â
Report on investigation
Report and its contents
            (1) After completing an investigation of a
corruption issue that relates to a law enforcement agency, the Integrity
Commissioner must prepare a report on the investigation.
            (2) The report
must set out:
                    (a) the Integrity Commissioner’s
findings on the corruption issue; and
                    (b) the evidence and other material on
which those findings are based; and
                    (c) any action that the Integrity
Commissioner has taken, or proposes to take, under Part 10 in relation to
the investigation; and
                    (d) any recommendations that the
Integrity Commissioner thinks fit to make and, if recommendations are made, the
reasons for those recommendations.
This subsection has effect subject to subsections (4),
(5) and (6).
Note:Â Â Â Â Â Â Â Â Â See section 51 for the need for the
Integrity Commissioner to give certain people an opportunity to be heard before
including critical statements in a report.
            (3) Without limiting paragraph (2)(d),
the Integrity Commissioner may recommend that the head of the law enforcement
agency consider:
                    (a) taking action in relation to any
staff member of the agency, in accordance with the procedures of the agency,
with a view to the staff member improving his or her performances; or
                    (b) terminating a staff member’s
employment in accordance with the procedures of the agency; or
                    (c) taking action to rectify or
mitigate the effects of the conduct of a staff member of the agency; or
                    (d) adopting measures to remedy
deficiencies in policy or practice that facilitated:
                             (i) an unsuitable person
becoming a staff member of the agency; or
                            (ii) a staff member of the
agency engaging in corrupt conduct; or
                           (iii) the failure to detect
corrupt conduct engaged in by a staff member of the agency.
Section 149 certified information and sensitive
information
            (4) The Integrity Commissioner must exclude
section 149 certified information from the report if one or more public
hearings were held in the course of the investigation to which the report
relates.
Note:Â Â Â Â Â Â Â Â Â Under section 203, the report must be
laid before each House of the Parliament.
            (5) The Integrity Commissioner may exclude
information from the report if the Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information or section 149 certified information; and
                    (b) it is desirable in the
circumstances to exclude the information from the report.
            (6) In deciding whether to exclude
information from the report prepared under subsection (5), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the report; and
                    (b) the prejudicial consequences that
might result from including the information in the report.
Supplementary report
            (7) If the Integrity Commissioner excludes
information from a report prepared under subsection (4) or (5), the
Integrity Commissioner must prepare a supplementary report that sets out:
                    (a) the information; and
                    (b) the reasons for excluding the
information from the report prepared under subsection (4) or (5).
55Â
Integrity Commissioner to give report to certain persons
            (1) The Integrity Commissioner must give the
Minister:
                    (a) the report prepared under
subsection 54(1); and
                    (b) if a supplementary report is
prepared under subsection 54(7) in relation to the investigation—the
supplementary report.
Note:Â Â Â Â Â Â Â Â Â Section 203 provides that the Minister
must lay a copy of the report prepared under subsection 54(1) before each House
of the Parliament if a public hearing has been held in the course of the
investigation to which the report relates. The Minister is not required,
however, to lay a copy of a supplementary report under subsection 54(7) before
each House of the Parliament.
            (2) Subject to subsection (5), the
Integrity Commissioner:
                    (a) must give the head of a law
enforcement agency a copy of a report prepared under subsection 54(1) in
relation to a corruption issue; and
                    (b) may give the head of a law
enforcement agency a copy of the whole or a part of a supplementary report
prepared under subsection 54(7) in relation to the investigation of a
corruption issue;
to the extent to which the report relates to the law
enforcement agency.
            (3) Subject to subsection (5), if:
                    (a) a corruption issue relates to the
conduct of a secondee to a law enforcement agency; and
                    (b) the secondee is an employee of a
government agency (the home agency); and
                    (c) the Integrity Commissioner informs
the head of the home agency of the corruption issue under subsection 29(2);
the Integrity Commissioner:
                    (d) must give the head of the home
agency a copy of a report prepared under subsection 54(1) in relation to the
corruption issue; and
                    (e) may give the head of the home
agency a copy of the whole or a part of a supplementary report prepared under
subsection 54(7) in relation to the investigation of the corruption issue;
to the extent to which the report relates to the law
enforcement agency.
            (4) Subject to subsection (5), if:
                    (a) a corruption issue relates to the
conduct of a secondee to a law enforcement agency; and
                    (b) the secondee is an employee of the
police force of a State or Territory; and
                    (c) the Integrity Commissioner informs
the head of the integrity agency (if any) for the State or Territory of the
corruption issue under subsection 29(2);
the Integrity Commissioner:
                    (d) must give the head of the
integrity agency a copy of a report prepared under subsection 54(1) in relation
to the corruption issue; and
                    (e) may give the head of the integrity
agency a copy of the whole or a part of a supplementary report prepared under
subsection 54(7) in relation to the investigation of the corruption issue;
to the extent to which the report relates to the law
enforcement agency.
            (5) The Integrity Commissioner must not
include information in a copy of a report given to a person under subsection (2),
(3) or (4) if:
                    (a) the information is section 149
certified information; and
                    (b) the disclosure of the information
to the person would contravene the certificate issued under section 149.
56Â
Comments by head of agency
                  If the Integrity Commissioner gives the
head of a law enforcement agency a copy of a report, or a supplementary report,
under section 55, the head of the agency may give the Integrity Commissioner
such comments concerning the report, or supplementary report, as he or she
wishes to make.
57Â
Follow‑up action on report
            (1) The Integrity Commissioner may request
the head of a law enforcement agency to whom a report is given under subsection
55(2) to give the Integrity Commissioner, within a specified time, details of
any action that the head of the agency proposes to take with respect to a
recommendation included in the report.
            (2) The head of the agency must comply with
the request.
            (3) If the Integrity Commissioner is not
satisfied with the response of the head of the agency to the request, the
Integrity Commissioner may refer to the responsible Minister for the agency:
                    (a) the Integrity Commissioner’s
recommendation and the reasons for that recommendation; and
                    (b) the response of the head of the
agency to the recommendation; and
                    (c) the Integrity Commissioner’s
reasons for not being satisfied with that response.
            (4) If the Integrity Commissioner refers
material to a Minister under subsection (3), the Integrity Commissioner
may also send a copy of that material to:
                    (a) the President of the Senate for
presentation to the Senate; and
                    (b) the Speaker of the House of
Representatives for presentation to the House of Representatives.
            (5) The Integrity Commissioner must exclude
section 149 certified information from the copy of the material sent under
subsection (4).
            (6) The Integrity Commissioner may exclude
information from the copy of the material sent under subsection (4) if the
Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information; and
                    (b) it is desirable in the
circumstances to exclude the information from the material sent.
            (7) In deciding whether to exclude
information from the copy of the material sent under subsection (4), the
Integrity Commissioner must seek to achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the material sent; and
                    (b) the prejudicial consequences that
might result from including the information in the material sent.
            (8) After the material is presented to the
Parliament, the Integrity Commissioner may discuss any matter to which the
material relates with the head of the agency for the purpose of resolving the
matter.
58Â
Advising person who referred corruption issue of outcome of the investigation
Advice to person who referred issue under section 23
            (1) If a person:
                    (a) refers an allegation, or
information, that raises a corruption issue to the Integrity Commissioner under
section 23; and
                    (b) elects under section 25 to be
kept informed of the action taken in relation to the corruption issue and has
not revoked the election;
the Integrity Commissioner must advise the person of the
outcome of the investigation of the corruption issue.
Exception
            (2) However, the Integrity Commissioner need
not advise the person if the Integrity Commissioner is satisfied that doing so
is likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
Manner of giving advice
            (3) If the Integrity Commissioner advises the
person of the outcome of the investigation, the Integrity Commissioner may do
so by giving the person a copy of the whole or a part of the report prepared in
relation to the investigation under subsection 54(1).
            (4) In advising the person of the outcome of
the investigation, the Integrity Commissioner:
                    (a) must not disclose section 149
certified information to the person if the disclosure of the information to the
person would be contravene the certificate issued under section 149; and
                    (b) may exclude information from the
advice if the Integrity Commissioner is satisfied that:
                             (i) the information is
sensitive information; and
                            (ii) it is desirable in the
circumstances to exclude the information from the advice.
            (5) In deciding whether to exclude
information from the advice under paragraph (4)(b), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the person’s interest in having
the information included in the advice; and
                    (b) the prejudicial consequences that
might result from including the information in the advice.
Advice to nominated person
            (6) If:
                    (a) a person refers an allegation, or
information, that raises the corruption issue to the Integrity Commissioner on
behalf of:
                             (i) another person; or
                            (ii) a government agency
(other than a law enforcement agency); or
                           (iii) a body or association
of persons; and
                    (b) the other person, the agency, the
body or the association nominates:
                             (i) another person; or
                            (ii) the holder of a
particular office in the agency, body or association;
                           by notice in writing to the
Integrity Commissioner, to receive communications from the Integrity
Commissioner;
the Integrity Commissioner must give the advice required
by subsection (1) to the person nominated or the person for the time being
holding the office nominated.
59Â
Advising person whose conduct is investigated of outcome of the investigation
            (1) If the Integrity Commissioner
investigates a corruption issue that relates to a person who is, or has been, a
staff member of a law enforcement agency, the Integrity Commissioner may advise
the person of the outcome of the investigation.
            (2) Without limiting subsection (1), the
Integrity Commissioner may advise the person of the outcome of the
investigation by giving the person a copy of the whole or a part of the report
prepared in relation to the investigation under subsection 54(1).
            (3) In advising the person under subsection (1),
the Integrity Commissioner:
                    (a) must not disclose section 149
certified information to the person if the disclosure of the information to the
person would contravene the certificate issued under section 149; and
                    (b) may exclude information from the
advice if the Integrity Commissioner is satisfied that:
                             (i) the information is
sensitive information; and
                            (ii) it is desirable in the
circumstances to exclude the information from the advice.
            (4) In deciding whether to exclude
information from the advice under paragraph (3)(b), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the person’s interest in having
the information included in the advice; and
                    (b) the prejudicial consequences that
might result from including the information in the advice.
Part 7—Investigations by other Commonwealth agencies
Division 1—Nominated contact for investigations by law enforcement
agencies
60Â
Nominating contact for investigation
            (1) If the Integrity Commissioner decides to
deal with a corruption issue by:
                    (a) referring the corruption issue to
a law enforcement agency for investigation; or
                    (b) managing or overseeing an
investigation of the corruption issue by a law enforcement agency;
the head of the agency may nominate a staff member of the
agency as the contact for the investigation.
Note:Â Â Â Â Â Â Â Â Â If the head of the agency does not nominate
someone under this subsection, the head of the agency is the nominated contact
for the investigation (see the definition of nominated contact in
subsection 5(1)).
            (2) The nomination must be made by notice in
writing to the Integrity Commissioner.
Division 2—Managing or overseeing investigations by law enforcement
agencies
61Â
Managing an investigation
            (1) The Integrity Commissioner manages
an investigation of a corruption issue by a law enforcement agency by giving
the agency’s nominated contact for the investigation detailed guidance about
the planning, and carrying out, of the investigation.
Note:Â Â Â Â Â Â Â Â Â The Integrity Commissioner can request the
agency to provide information about the investigation under sections 63
and 64.
            (2) In managing the investigation, the
Integrity Commissioner must not give directions directly to any other staff
members of the agency.
            (3) The head of the agency must ensure that:
                    (a) the agency adheres to the
Integrity Commissioner’s detailed guidance in planning and carrying out the
investigation; and
                    (b) the staff members of the agency
cooperate with the Integrity Commissioner in relation to the planning and
carrying out the investigation.
62Â
Overseeing an investigation
            (1) The Integrity Commissioner oversees
an investigation of a corruption issue by a law enforcement agency by giving
the agency’s nominated contact for the investigation general guidance about the
planning, and carrying out, of the investigation.
            (2) In overseeing the investigation, the
Integrity Commissioner must not give directions directly to any other staff
members of the agency.
            (3) The head of the agency must ensure that
the agency follows the Integrity Commissioner’s general guidance in relation to
the planning and carrying out the investigation.
Division 3—Reporting
Subdivision A—Reporting by law enforcement agencies during investigations
63Â
Integrity Commissioner may request individual progress report
            (1) If a law enforcement agency is
investigating a corruption issue, the Integrity Commissioner may request:
                    (a) if the Integrity Commissioner
referred the corruption issue to the agency for investigation or is managing or
overseeing the investigation—the nominated contact for the investigation; or
                    (b) in any other case—the head of the
agency;
to give him or her a progress report on the investigation.
            (2) The request:
                    (a) must be in writing; and
                    (b) must specify the date by which the
progress report must be given to the Integrity Commissioner; and
                    (c) may specify particular matters in
relation to the investigation that the report is to address.
The date specified under paragraph (b) must be at
least 7 days after the request is made.
            (3) The nominated contact, or the head of the
agency, must comply with the request.
64Â
Integrity Commissioner may request periodic progress reports
            (1) If a law enforcement agency is
investigating a corruption issue, the Integrity Commissioner may request:
                    (a) if the Integrity Commissioner
referred the corruption issue to the agency for investigation or is managing or
overseeing the investigation—the nominated contact for the investigation; or
                    (b) in any other case—the head of the
agency;
to give him or her periodic progress reports on the
investigation.
            (2) The request:
                    (a) must be in writing; and
                    (b) must specify the frequency with
which the reports are to be given and the periods to which they are to relate;
and
                    (c) may specify particular matters in
relation to the investigation that the reports are to address.
            (3) The nominated contact, or the head of the
agency, must comply with the request.
65Â
Head of law enforcement agency to keep person who referred corruption issue
informed of progress of investigation
Minister
            (1) If:
                    (a) the Minister refers an allegation,
or information, that raises a corruption issue to the Integrity Commissioner
under section 18; and
                    (b) the Integrity Commissioner refers
the corruption issue to a law enforcement agency under paragraph 26(1)(b) or
(c) for investigation;
the head of the agency must take such steps as the head of
the agency considers reasonable to keep the Minister informed of the progress
of the investigation of that corruption issue.
Person who referred issue under section 23
            (2) If:
                    (a) a person refers an allegation, or
information, that raises a corruption issue to the Integrity Commissioner under
section 23; and
                    (b) the Integrity Commissioner refers
the corruption issue to a law enforcement agency under paragraph 26(1)(b) or
(c) for investigation; and
                    (c) the person elects under section 25
to be kept informed of the action taken in relation to the corruption issue and
has not revoked the election;
the head of the agency must take such steps as the head of
the agency considers reasonable to keep the person informed of the progress of
the investigation of that corruption issue.
Subdivision B—Reporting by Commonwealth government agencies at end of
investigations
66 Â Final
report on investigation
            (1) After a Commonwealth government agency
completes:
                    (a) an investigation of a corruption
issue; or
                    (b) a further investigation of a
corruption issue recommended by the Integrity Commissioner under section 67;
the head of the agency must cause a report on the
investigation to be prepared.
            (2) The report:
                    (a) must set out:
                             (i) the agency’s findings
on the corruption issue; and
                            (ii) the evidence and other
material on which those findings are based; and
                           (iii) what action (if any)
the head of the agency has taken, or proposes to take, to address those
findings; and
                           (iv) if action is to be
taken—the reasons for the proposed action; and
                    (b) if the agency is the AFP and the
corruption issue relates to another law enforcement agency—may also set out
recommendations to the head of the other law enforcement agency.
            (3) The head of the agency must give a copy
of the report to the Integrity Commissioner as soon as reasonably practicable
after the investigation or further investigation is completed.
            (4) If the Commissioner of the AFP causes a
report to be prepared on an investigation that relates to another law
enforcement agency, the Commissioner of the AFP must also give a copy of the
report to the head of that other law enforcement agency at the same time as a
copy of the report is given to the Integrity Commissioner.
67Â
Integrity Commissioner may comment on final report
Integrity Commissioner may make comments or
recommendations
            (1) The Integrity Commissioner may, if he or
she thinks fit, make comments or recommendations on any matter relating to or
arising out of:
                    (a) a report given to the Integrity
Commissioner by the head of a Commonwealth government agency under section 66;
or
                    (b) the investigation to which the
report relates.
Note:Â Â Â Â Â Â Â Â Â Under section 42, the Integrity
Commissioner could, after receiving the report, reconsider how the corruption
issue should be dealt with.
            (2) The Integrity Commissioner must put any
such comments or recommendations in writing and give them to the head of the
Commonwealth government agency.
            (3) If:
                    (a) the Commonwealth government agency
that gives the report to the Integrity Commissioner is the AFP; and
                    (b) the corruption issue relates to
another law enforcement agency;
the Integrity Commissioner must also give the comments or
recommendations to the head of that other law enforcement agency.
            (4) Without limiting subsection (1), the
Integrity Commissioner may recommend that:
                    (a) the head of a Commonwealth
government agency take appropriate action with a view to having a person
charged with a criminal offence; or
                    (b) the head of a Commonwealth
government agency take appropriate action:
                             (i) to initiate
disciplinary proceedings against a person; or
                            (ii) to determine whether a
person’s employment or appointment should be terminated; or
                    (c) the Commonwealth government agency
that gave the report to the Integrity Commissioner investigate the corruption
issue further.
Note:Â Â Â Â Â Â Â Â Â Under section 42, the Integrity
Commissioner could, instead of recommending that the agency investigate the
corruption issue further, decide that the corruption issue should be dealt with
in another way.
Request for details of action to be taken
            (5) The Integrity Commissioner may request
the head of the Commonwealth government agency to which the Integrity
Commissioner’s recommendations are directed to give the Integrity Commissioner,
within a specified time, details of any action that the head of the agency
proposes to take with respect to the recommendations.
            (6) The head of the agency must comply with
the request.
            (7) If the Integrity Commissioner is not
satisfied with the response of the head of the agency to the request, the
Integrity Commissioner may refer to the responsible Minister for the agency:
                    (a) the Integrity Commissioner’s
recommendation and the reasons for that recommendation; and
                    (b) the response of the head of the
agency to the recommendation; and
                    (c) the Integrity Commissioner’s
reasons for not being satisfied with that response.
            (8) If the Integrity Commissioner refers
material to a Minister under subsection (7), the Integrity Commissioner
may also send a copy of that material to:
                    (a) the President of the Senate for
presentation to the Senate; and
                    (b) the Speaker of the House of
Representatives for presentation to the House of Representatives.
Section 149 certified information and sensitive
information
            (9) The Integrity Commissioner must exclude
section 149 certified information from the copy of the material sent under
subsection (8).
          (10) The Integrity Commissioner may exclude
information from the copy of the material sent under subsection (8) if the
Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information; and
                    (b) it is desirable in the
circumstances to exclude the information from the material sent.
          (11) In deciding whether to exclude information
from the copy of the material sent under subsection (8), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the material sent; and
                    (b) the prejudicial consequences that
might result from including the information in the material sent.
          (12) After the material is presented to the
Parliament, the Integrity Commissioner may discuss any matter to which the
material relates with the head of the agency for the purpose of resolving the
matter.
68Â
Advising person who referred corruption issue of outcome of the investigation
            (1) If a person:
                    (a) refers an allegation, or information,
that raises a corruption issue to the Integrity Commissioner under section 23;
and
                    (b) elects under section 25 to be
kept informed of the action taken in relation to the corruption issue and has
not revoked the election; and
                    (c) the Integrity Commissioner:
                             (i) refers the corruption
issue to a law enforcement agency under paragraph 26(1)(b) or (c) for
investigation; or
                            (ii) refers the corruption
issue to a Commonwealth government agency under paragraph 29(6)(a) for
investigation;
the head of the agency must advise the person of the
outcome of the investigation of the corruption issue.
            (2) Without limiting subsection (1), the
head of the agency may advise the person by giving the person a copy of the
whole or a part of the report prepared in relation to the investigation under
section 66.
            (3) However, the head of the agency need not
advise the person if the head of the agency is satisfied that doing so is
likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (4) If:
                    (a) a person refers an allegation, or
information, that raises the corruption issue to the Integrity Commissioner on
behalf of:
                             (i) another person; or
                            (ii) a government agency
(other than a law enforcement agency); or
                           (iii) a body or association
of persons; and
                    (b) the other person, the agency, the
body or the association nominates:
                             (i) another person; or
                            (ii) the holder of a
particular office in the agency, body or association;
                           by notice in writing to the
Integrity Commissioner, to receive communications from the Integrity
Commissioner;
the head of the agency must give the advice required by subsection (1)
to the person nominated or the person for the time being holding the office
nominated.
69Â
Advising person whose conduct is investigated of outcome of the investigation
            (1) If a Commonwealth government agency
investigates a corruption issue that relates to a person who is, or has been, a
staff member of a law enforcement agency, the head of the Commonwealth
government agency may advise the person of the outcome of the investigation.
            (2) Without limiting subsection (1), the
head of the Commonwealth government agency may advise the person by giving the
person a copy of the whole or a part of the report prepared in relation to the
investigation under section 66.
Division 4—Integrity Commissioner to pass on information relevant to
agency
70Â
Integrity Commissioner to pass on information relevant to agency investigation
            (1) If:
                    (a) a government agency is
investigating a corruption issue; and
                    (b) either:
                             (i) the Integrity
Commissioner referred the corruption issue to the agency for investigation; or
                            (ii) the head of the agency
notified the Integrity Commissioner of the corruption issue under section 19;
and
                    (c) the Integrity Commissioner becomes
aware of information that is relevant to the corruption issue; and
                    (d) the head of the agency does not
already have the information;
the Integrity Commissioner must give the information to
the head of the agency.
            (2) Subsection (1) has effect subject to
section 152 (which deals with section 149 certified information).
Part 8—Public inquiries into corruption issues
Division 1—Conducting a public inquiry
71Â
Minister may request Integrity Commissioner to conduct public inquiry
                  The Minister may request the Integrity
Commissioner to conduct a public inquiry into all or any of the following:
                    (a) a corruption issue or issues;
                    (b) an issue or issues about
corruption generally in law enforcement agencies;
                    (c) an issue or issues about the
integrity of staff members of law enforcement agencies.
Note:Â Â Â Â Â Â Â Â Â Part 9 provides for particular powers
that are available to the Integrity Commissioner for the purposes of the public
inquiry.
72Â
Publicising inquiry
            (1) The Integrity Commissioner must invite
submissions on the issues that are to be the subject of the public inquiry.
Note:Â Â Â Â Â Â Â Â Â Subsection 104A(1) provides certain
protections for people who make submissions.
            (2) The invitation must specify the closing
date for submissions.
Division 2—Reporting
73Â
Report on public inquiry
Report and its contents
            (1) After conducting a public inquiry, the
Integrity Commissioner must prepare a report on the inquiry.
            (2) The report must set out:
                    (a) the Integrity Commissioner’s
findings as a result of the public inquiry; and
                    (b) the evidence and other material on
which those findings are based; and
                    (c) any action that the Integrity
Commissioner has taken, or proposes to take, under Part 10 in relation to
the inquiry; and
                    (d) any recommendations that the
Integrity Commissioner thinks fit to make and, if recommendations are made, the
reasons for those recommendations.
            (3) The Integrity Commissioner must exclude
section 149 certified information from the report.
Note:Â Â Â Â Â Â Â Â Â Under section 203, the report must be
laid before each House of the Parliament.
Section 149 certified information and sensitive
information
            (4) The Integrity Commissioner may exclude
information from the report if the Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information; and
                    (b) it is desirable in the
circumstances to exclude the information from the report.
            (5) In deciding whether to exclude
information from the report prepared under subsection (4), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the report; and
                    (b) the prejudicial consequences that
might result from including the information in the report.
Supplementary report
            (6) If, under subsection (4) or (5), the
Integrity Commissioner excludes information from a report prepared under subsection (1),
the Integrity Commissioner must prepare a supplementary report that sets out:
                    (a) the information; and
                    (b) the reasons for excluding the
information from the report prepared under subsection (1).
74Â
Giving report to Minister
                  The Integrity Commissioner must give the
Minister:
                    (a) the report prepared under
subsection 73(1); and
                    (b) if a supplementary report is
prepared under subsection 73(6)—the supplementary report.
Note:Â Â Â Â Â Â Â Â Â Section 203 provides that the Minister
must lay a copy of the report prepared under subsection 73(1) before each House
of the Parliament if a public hearing has been held in the course of the
investigation to which the report relates. The Minister is not required,
however, to lay a copy of a supplementary report under subsection 73(6) before
each House of the Parliament.
Part 9—Integrity Commissioner’s powers in conducting investigations
and public inquiries
Division 1—Requiring people to give information and produce documents or
things
Subdivision A—Requests by Integrity Commissioner
75Â
Request to staff member of law enforcement agency
            (1) For the purposes of investigating a
corruption issue, the Integrity Commissioner may request a staff member of a
law enforcement agency:
                    (a) to give the Integrity Commissioner
the information specified in the request; or
                    (b) to produce to the Integrity
Commissioner the documents or things specified in the request.
The Integrity Commissioner may require that information to
be provided under paragraph (a) is to be provided in writing.
            (2) The Integrity Commissioner’s request must
be:
                    (a) served on the staff member of the
law enforcement agency; and
                    (b) in writing and signed by the
Integrity Commissioner.
            (3) The Integrity Commissioner may make the
request without holding a hearing.
            (4) The staff member must comply with the
request as soon as is reasonably practicable.
Note 1:Â Â Â Â Â Â Failure to comply with a request is an offence:
see section 78.
Note 2:Â Â Â Â Â Â See also subsection 150(2) in relation to
section 149 certified information.
76Â
Request to person other than staff member of law enforcement agency
            (1) For the purposes of investigating a
corruption issue, the Integrity Commissioner may request a person (other than a
staff member of a law enforcement agency):
                    (a) to give the Integrity Commissioner
the information specified in the request; or
                    (b) to produce to the Integrity
Commissioner the documents or things specified in the request.
            (2) The Integrity Commissioner’s request
must:
                    (a) be served on the person; and
                    (b) be in writing and signed by the
Integrity Commissioner; and
                    (c) specify the period within which the
person must comply with the request.
The period specified under paragraph (c) must be at
least 14 days starting on the day on which the request is served on the person.
            (3) The Integrity Commissioner may make the
request without holding a hearing.
            (4) The person must:
                    (a) give the information in writing;
or
                    (b) produce the documents or things;
within the time specified in the request, or within such
further time as the Integrity Commissioner allows.
Note 1:Â Â Â Â Â Â Failure to comply with a request is an offence:
see section 78.
Note 2:Â Â Â Â Â Â See also subsection 150(2) in relation to
section 149 certified information.
77Â
Integrity Commissioner may retain documents and things
            (1) If a document or thing is produced to the
Integrity Commissioner in accordance with a request under section 75 or
76, the Integrity Commissioner:
                    (a) may take possession of, and may
make copies of, the document or thing, or take extracts from the document; and
                    (b) may retain possession of the
document or thing for such period as is necessary for the purposes of the
investigation to which the document or thing relates.
            (2) While the Integrity Commissioner retains
the document or thing, he or she must allow a person who would otherwise be
entitled to inspect the document or view the thing to do so at the times that
the person would ordinarily be able to do so.
Subdivision B—Offence and related provisions
78Â
Failure to comply with Integrity Commissioner’s request
                  A person commits an offence if:
                    (a) the person is given a request
under section 75 or 76; and
                    (b) the person fails to comply with
the request.
Penalty:Â Imprisonment for 2 years.
Note 1:Â Â Â Â Â Â A legal practitioner may refuse to produce a
document or thing in certain circumstances: see section 79.
Note 2:Â Â Â Â Â Â This section is not subject to the privilege
against self‑incrimination but there are limits on the uses to which the
evidence the person gives may be put: see section 80.
79Â
Legal practitioner not required to disclose privileged communications
            (1) A legal practitioner may refuse:
                    (a) to give information to the
Integrity Commissioner; or
                    (b) to produce a document or thing to
the Integrity Commissioner;
when requested to do so under section 76 if the
information would disclose, or the document contains, a privileged
communication made by the legal practitioner (or to the legal practitioner) in
his or her capacity as a legal practitioner.
            (2) Subsection (1) has effect subject to
paragraph 80(5)(c).
            (3) Subsection (1) does not apply if the
person to whom the communication was made (or by whom the communication was
made) agrees to the legal practitioner:
                    (a) giving the information; or
                    (b) producing the document or thing.
            (4) If the legal practitioner refuses:
                    (a) to give the information; or
                    (b) to produce the document or thing;
he or she must, if required by the Integrity Commissioner,
give the Integrity Commissioner the name and address of the person to whom the
communication was made (or by whom the communication was made).
            (5) This section does not affect the law
relating to legal professional privilege.
80Â
Self‑incrimination etc.
Self‑incrimination
            (1) A person is not excused from:
                    (a) giving information; or
                    (b) producing a document or thing;
when requested to do so under section 75 or 76 on the
ground that doing so would tend to incriminate the person or expose the person
to a penalty.
Use indemnity
            (2) Subsection (4) applies if:
                    (a) the person:
                             (i) gives the information
(whether orally or in writing); or
                            (ii) produces the document
or thing;
                           and, before doing so, claims
that giving the information or producing the document or thing, might tend to
incriminate the person or expose the person to a penalty; or
                    (b) the person gives the information
in writing and claims, in a written statement accompanying the information, that
giving the information might tend to incriminate the person or expose the
person to a penalty; or
                    (c) the person produces the document
or thing and claims, in a written statement accompanying the document or thing,
that producing the document or thing might tend to incriminate the person or
expose the person to a penalty.
            (3) Subsection (4) does not apply to the
production of a document that is, or forms part of, a record of an existing or
past business.
            (4) None of
the following:
                    (a) the information given;
                    (b) the document or thing produced;
is admissible in evidence against the person in criminal
proceedings, or any other proceedings for the imposition or recovery of a
penalty, other than:
                    (c) proceedings for an offence against
section 78; or
                    (d) confiscation proceedings; or
                    (e) proceedings for an offence against
section 137.1 or 137.2 of the Criminal Code (which deals with false
or misleading information or documents) that relates to this Act; or
                     (f) proceedings for an offence
against section 149.1 of the Criminal Code (which deals with
obstruction of Commonwealth public officials) that relates to this Act; or
                    (g) disciplinary proceedings against
the person if the person is a staff member of a law enforcement agency.
Public interest grounds
            (5) A person is not excused from:
                    (a) giving information; or
                    (b) producing a document or thing;
when requested to do so under section 75 or 76 on the
ground that doing so:
                    (c) would disclose one of the
following:
                             (i) legal advice given to
a Minister or a Commonwealth government agency;
                            (ii) a communication
between an officer of a Commonwealth government agency and another person or
body, being a communication protected against disclosure by legal professional
privilege; or
                    (d) would breach a secrecy provision
other than:
                             (i) a taxation secrecy
provision; or
                            (ii) a law enforcement
secrecy provision; or
                    (e) would be otherwise contrary to the
public interest.
Note:Â Â Â Â Â Â Â Â Â See also subsection 150(2) in relation to
section 149 certified information.
            (6) The fact
that a person is not excused under subsection (5) from:
                    (a) giving information; or
                    (b) producing a document or thing;
does not otherwise affect a claim of legal professional
privilege that anyone may make in relation to that information, document or thing.
            (7) A person does not commit an offence, and
is not liable to any penalty, under the provisions of any other enactment
(other than a taxation secrecy provision or a law enforcement secrecy
provision) because the person gives information, or produces a document or
thing, when required to do so under section 75 or 76.
81Â
Protection of person required to give information and produce documents
            (1) A person who gives information, or
produces a document or thing, to the Integrity Commissioner in response to a
request under section 75 or 76 has the same protection as a witness in
proceedings in the High Court.
            (2) Subsection (3) applies if it appears
to the Integrity Commissioner that, because a person:
                    (a) is to give information, or produce
a document or thing; or
                    (b) has given information, or produced
a document or thing;
to the Integrity Commissioner in response to a request
under section 75 or 76, either:
                    (c) the safety of the person or any
other person may be prejudiced; or
                    (d) the person or any other person may
be subjected to intimidation or harassment.
            (3) The Integrity Commissioner may make such
arrangements as are necessary:
                    (a) to protect the safety of any
person mentioned in paragraph (2)(c); or
                    (b) to protect any person mentioned in
paragraph (2)(d) from intimidation or harassment.
            (4) For the
purpose of subsection (3), the arrangements that the Integrity
Commissioner may make include arrangements with:
                    (a) the Minister; or
                    (b) members of the AFP; or
                    (c) members of the police force of a
State or Territory.
            (5) This section does not affect the Witness
Protection Act 1994.
Division 2—Conducting hearings
Subdivision A—General provisions
82Â Integrity Commissioner may hold hearings
Commissioner may hold hearings for investigations or
public inquiries
            (1) The Integrity Commissioner may hold a
hearing for the purpose of:
                    (a) investigating a corruption issue;
or
                    (b) conducting a public inquiry.
            (2) Subject to subsections (3), (4) and
(5), a hearing may be conducted in such manner as the Integrity Commissioner
thinks fit.
Hearing in relation to an investigation of a corruption
issue
            (3) The Integrity Commissioner may decide to
hold the whole (or a part) of a hearing in relation to an investigation of
corruption issue either in public or in private.
            (4) In deciding under subsection (3)
whether a hearing (or a part of a hearing) is to be held in public or in
private, the Integrity Commissioner must have regard to the following:
                    (a) whether evidence that may be
given, or a matter that may arise, during the hearing (or that part of the
hearing) is of a confidential nature or relates to the commission, or to the
alleged or suspected commission, of an offence;
                    (b) any unfair prejudice to a person’s
reputation that would be likely to be caused if the hearing (or that part of
the hearing) took place in public;
                    (c) whether it is in the public
interest that the hearing (or that part of the hearing) take place in public;
                    (d) any other relevant matter.
Note:Â Â Â Â Â Â Â Â Â If the hearing is to be held in public, a
witness may request that his or her evidence be taken in private: see section 89.
Hearing in relation to a public inquiry
            (5) A hearing in relation to a public inquiry
must be held in public. However, a part of a hearing in relation to a public
inquiry may be held in private if the Integrity Commissioner so directs.
Note:Â Â Â Â Â Â Â Â Â Certain evidence must be given in private, and
a witness may request that his or her evidence be taken in private: see section 89.
Record of hearing
            (6) The Integrity Commissioner must make a
record of a hearing.
            (7) If the Integrity Commissioner is
conducting a public inquiry, the record of the hearing must include:
                    (a) any document produced to the
Integrity Commissioner at the hearing; or
                    (b) a description of any thing (other
than a document) produced to the Integrity Commissioner at the hearing;
unless the Integrity Commissioner directs otherwise.
Direction is not a legislative instrument
            (8) A direction given under this section is
not a legislative instrument.
83Â
Integrity Commissioner may summon person
            (1) The Integrity Commissioner may summon a
person to attend a hearing at a time and place specified in the summons:
                    (a) to give evidence; or
                    (b) to produce documents or things
specified in the summons.
Note 1:Â Â Â Â Â Â In certain cases, disclosing the existence of a
summons, or any information about it, is an offence: see section 92.
Note 2:Â Â Â Â Â Â Failure to comply with a summons is an offence:
see section 93.
Note 3:Â Â Â Â Â Â See also subsection 150(3) in relation to
section 149 certified information.
Note 4:Â Â Â Â Â Â A person may apply for legal and financial
assistance in respect of his or her attendance: see section 103.
            (2) A summons must:
                    (a) be in writing and signed by the
Integrity Commissioner; and
                    (b) be served on the person required
to attend a hearing.
            (3) If the hearing is held for the purpose of
investigating a corruption issue, a summons requiring a person to give evidence
must set out, so far as is reasonably practicable, the general nature of the
matters in relation to which the Integrity Commissioner intends to question the
person.
            (4) Subsection (3) does not prevent the
Integrity Commissioner from questioning the person in relation to:
                    (a) any aspect of the corruption issue
to which the hearing relates; or
                    (b) another corruption issue.
            (5) Subsection (3) does not apply if the
Integrity Commissioner is satisfied that complying with that subsection is
likely to prejudice:
                    (a) the investigation to which the
hearing relates or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) A person summoned to appear as a witness
at a hearing is entitled to be paid by the Commonwealth any allowances for
travelling and other expenses that are prescribed by the regulations.
84Â
Integrity Commissioner may take evidence outside Australia
                  If arrangements have been made between
Australia and another country in relation to the taking of evidence in that
country by the Integrity Commissioner for a hearing held under this Division,
the Integrity Commissioner may:
                    (a) take evidence on oath or by
affirmation; and
                    (b) use any evidence taken in that
country in accordance with those arrangements;
for the purpose of performing any function, or exercising
any power, under this Act.
Subdivision B—Procedure at hearing
85Â Who
may be represented at a hearing
            (1) A person giving evidence at a hearing may
be represented by a legal practitioner.
            (2) A person who is not giving evidence may
be represented at a hearing by a legal practitioner if:
                    (a) special circumstances exist; and
                    (b) the Integrity Commissioner
consents to the person being so represented.
86Â Who
may be present at a hearing
Who may be present
            (1) The Integrity Commissioner may determine
who may be present during all or part of a hearing held in private.
            (2) The Integrity Commissioner must allow the
following persons to be present when evidence is being given:
                    (a) a legal practitioner representing
the person giving evidence;
                    (b) a legal practitioner representing
a person who:
                             (i) is not giving
evidence; but
                            (ii) has the Integrity
Commissioner’s consent to being present at that time.
Opportunity to comment on a person’s presence
            (3) If:
                    (a) a person (the witness)
is giving evidence at a hearing; and
                    (b) another person is present at the
hearing at that time; and
                    (c) the other person is not:
                             (i) a staff member of
ACLEI; or
                            (ii) a legal practitioner
representing a person at the hearing;
the Integrity Commissioner must:
                    (d) inform the witness that the person
is present; and
                    (e) give the witness an opportunity to
comment on the person’s presence.
            (4) To avoid doubt, a person is still
entitled to be present during all or part of the hearing even if:
                    (a) the Integrity Commissioner fails
to comply with subsection (3); or
                    (b) a witness comments adversely on
the person’s presence under paragraph (3)(e).
Offence
            (5) A person commits an offence if:
                    (a) the person is present while
evidence is being given in private at a hearing; and
                    (b) the person is none of the
following:
                             (i) the person giving
evidence;
                            (ii) a person whom the
Integrity Commissioner must, under subsection (2), allow to be present
while the evidence is being given;
                           (iii) a person who may be
present at the hearing in accordance with a determination under subsection (1).
Penalty:Â Imprisonment for 12 months.
Determination of who may be present not a legislative
instrument
            (6) If the determination of who may be
present at a hearing is made in writing, the determination is not a legislative
instrument.
Subdivision C—Taking evidence at hearing
87Â
Evidence on oath or by affirmation
            (1) At a hearing, the Integrity Commissioner
may:
                    (a) require a witness to either take
an oath or make an affirmation; and
                    (b) administer an oath or affirmation
to the witness.
Note 1:Â Â Â Â Â Â Failure to take an oath or make an affirmation
is an offence: see section 93.
Note 2:Â Â Â Â Â Â This means that a hearing is a judicial
proceeding for the purposes of Part III of the Crimes Act 1914,
which creates various offences in relation to judicial proceedings.
            (2) The Integrity Commissioner may administer
an oath or affirmation to a person appearing as a witness in another country,
but must do so in accordance with:
                    (a) any provision of the arrangements
made between Australia and that other country, as referred to in section 84;
and
                    (b) the laws of that other country.
            (3) The oath or affirmation is an oath or
affirmation that the evidence the person will give will be true.
            (4) The Integrity Commissioner may allow a
person attending a hearing who has been sworn, or who has made an affirmation,
to give evidence by tendering a written statement and verifying it by oath or
affirmation.
88Â
Examination and cross‑examination of witnesses
                  At a hearing, the following persons may,
so far as the Integrity Commissioner thinks appropriate, examine or cross‑examine
any witness on any matter that the Integrity Commissioner considers relevant:
                    (a) counsel assisting the Integrity
Commissioner generally or in relation to the investigation or public inquiry to
which the hearing relates;
                    (b) a person summoned, or otherwise
authorised, to appear before the Integrity Commissioner;
                    (c) any legal practitioner
representing a person at the hearing.
89Â
Giving evidence in private
Certain evidence must be given in private
            (1) A person giving evidence at a hearing
held in public must give particular evidence in private if the evidence:
                    (a) would disclose one of the
following:
                             (i) legal advice given to
a Minister or a Commonwealth government agency;
                            (ii) a communication
between an officer of a Commonwealth government agency and another person or
body, being a communication protected against disclosure by legal professional
privilege; or
                    (b) would breach a secrecy provision
other than:
                             (i) a taxation secrecy
provision; or
                            (ii) a law enforcement
secrecy provision.
Note:Â Â Â Â Â Â Â Â Â If the evidence involves section 149
certified information, the evidence may need to be given in private in order to
comply with the terms of the certificate. In some circumstances the terms of
the section 149 certificate may mean that the evidence may not be able to
be given at all.
Person may request that certain evidence be given in
private
            (2) A person giving evidence at a hearing
held in public may request that he or she give particular evidence in private
on the grounds that:
                    (a) the evidence relates to the
profits or financial position of any person; and
                    (b) the taking of evidence in public
would be unfairly prejudicial to the interests of the person referred to in paragraph (a).
            (3) The Integrity Commissioner may, if he or
she considers it appropriate, allow the evidence to be given in private.
90Â
Directions in relation to confidentiality
Prohibition or limitation on publication
            (1) The Integrity Commissioner may direct
that:
                    (a) particular evidence given at a
hearing; or
                    (b) the contents of a particular
document, or a description of any thing, produced to the Integrity Commissioner
at the hearing; or
                    (c) particular information that might
enable a person who has given evidence at the hearing to be identified; or
                    (d) the fact that a particular person
has given or may be about to give evidence at the hearing;
must not be published, or must not be published except in
such manner, and to such persons, as the Integrity Commissioner specifies.
Note:Â Â Â Â Â Â Â Â Â Failure to comply with a direction is an
offence: see subsection (6).
            (2) If the hearing is held in private, the
Integrity Commissioner must give a direction under subsection (1) if the
Commissioner is satisfied that the failure to give a such a direction:
                    (a) might prejudice:
                             (i) a person’s safety or
reputation; or
                            (ii) the fair trial of a
person who has been, or may be, charged with an offence; or
                    (b) might lead to the publication of
section 149 certified information.
            (3) The Integrity Commissioner may vary or revoke
a direction in writing. However, the Integrity Commissioner must not vary or
revoke a direction if the Integrity Commissioner is satisfied that doing so:
                    (a) might prejudice:
                             (i) a person’s safety or
reputation; or
                            (ii) the fair trial of a
person who has been, or may be, charged with an offence; or
                    (b) might lead to the publication of
section 149 certified information.
Court certificate in relation to evidence in respect of
which a direction has been given
            (4) If:
                    (a) a person has been charged with an
offence before a federal court or a court of a State or Territory; and
                    (b) the court considers that it may be
desirable in the interests of justice that particular evidence given at a
hearing, in respect of which the Integrity Commissioner has given a direction
under subsection (1), be made available to the person or to a legal
practitioner representing the person;
the court may give to the Integrity Commissioner a
certificate to that effect. If the court does so, the Integrity Commissioner
must make the evidence available to the court.
            (5) If:
                    (a) the Integrity Commissioner makes
evidence available to a court under subsection (4); and
                    (b) the court, after examining the
evidence, is satisfied that the interests of justice so require;
the court may make the evidence available to the person
charged with the offence concerned or to a legal practitioner representing the
person.
Offence
            (6) A person commits an offence if:
                    (a) the person is given a direction by
the Integrity Commissioner under subsection (1); and
                    (b) the person contravenes the
direction.
Penalty:Â Imprisonment for 12 months.
Direction is not a legislative instrument
            (7) A direction given to a person under subsection (1)
is not a legislative instrument.
Subdivision D—Prohibitions against disclosing information about a summons
91Â
Disclosure of summons may be prohibited
Application
            (1) This section applies if:
                    (a) a summons is served on a person
(the person served) under section 83 to attend a hearing;
and
                    (b) the hearing is to be held in
private.
Notation prohibiting disclosure of information about
summons
            (2) The Integrity Commissioner may include a
notation in the summons to the effect that disclosure of information about:
                    (a) the summons; or
                    (b) any official matter connected with
the summons;
is prohibited except in the circumstances (if any)
specified in the notation.
            (3) The Integrity Commissioner must include a
notation in the summons if the Integrity Commissioner is satisfied that failure
to do so would reasonably be expected to prejudice:
                    (a) a person’s safety or reputation;
or
                    (b) the fair trial of a person who has
been, or may be, charged with an offence; or
                    (c) the investigation to which the
hearing relates or another corruption investigation; or
                    (d) any action taken as a result of an
investigation referred to in paragraph (c).
            (4) The Integrity Commissioner may include a
notation in the summons if the Integrity Commissioner is satisfied that:
                    (a) failure to do so might prejudice:
                             (i) a person’s safety or
reputation; or
                            (ii) the fair trial of a
person who has been, or may be, charged with an offence; or
                           (iii) the investigation to
which the hearing relates or another corruption investigation; or
                           (iv) any action taken as a
result of an investigation referred to in subparagraph (iii); or
                    (b) failure to do so might otherwise
be contrary to the public interest.
            (5) The Integrity Commissioner must not
include a notation in the summons in any other case.
Written statement to accompany notation
            (6) If a notation is included in the summons,
it must be accompanied by a written statement setting out the rights and
obligations conferred or imposed by section 92 on the person served.
Cancellation of notation
            (7) A notation included in the summons is
cancelled by this subsection if:
                    (a) the Integrity Commissioner
concludes the investigation to which the hearing relates; and
                    (b) any criminal proceedings or civil
penalty proceedings resulting from the investigation are commenced.
            (8) If a notation is cancelled by subsection (7),
the Integrity Commissioner must advise the person served, in writing, of the
cancellation.
Relationship of notation with Privacy Act 1988
            (9) If:
                    (a) a notation has been included in
the summons in relation to the disclosure of information about the summons or
any official matter connected with the summons; and
                    (b) the notation has not been
cancelled; and
                    (c) apart from this subsection, a
credit reporting agency (within the meaning of section 11A of the Privacy
Act 1988) would be required, under subsection 18K(5) of the Privacy Act
1988, to make a note about the disclosure of the information;
such a note must not be made until the notation is
cancelled.
92Â
Offences of disclosure
            (1) A person commits an offence if:
                    (a) the person is served with a summons
under section 83; and
                    (b) the summons includes a notation
under section 91; and
                    (c) the person discloses the existence
of, or any information about:
                             (i) the summons; or
                            (ii) any official matter
connected with the summons; and
                    (d) when the disclosure is made:
                             (i) the notation has not
been cancelled by subsection 91(7); and
                            (ii) the period of 5 years
after the summons is served under section 83 has not ended.
Penalty:Â Imprisonment for 12 months.
            (2) In proceedings for an offence against subsection (1),
it is a defence if the person makes the disclosure:
                    (a) in the circumstances, if any,
permitted by the terms of the notation; or
                    (b) to a legal practitioner for the
purpose of obtaining legal advice or representation in relation to the summons;
or
                    (c) to a legal aid officer for the
purpose of obtaining assistance under section 103 in relation to the
summons; or
                    (d) if the person is a body
corporate—to an officer or agent of the body corporate for the purpose of
ensuring compliance with the summons; or
                    (e) if the person is a legal
practitioner—for the purpose of obtaining the agreement of another person under
subsection 95(2) to the legal practitioner answering a question or producing a
document or thing at the hearing.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal
Code.
            (3) A person commits an offence if:
                    (a) a disclosure is made to a person
about:
                             (i) a summons under
section 83 that includes a notation under section 91; or
                            (ii) any official matter
connected with a summons under section 83 that includes a notation under
section 91; and
                    (b) the disclosure is permitted under subsection (2)
or (4) because the person is a person of a particular kind; and
                    (c) while the person is a person of
that kind, the person discloses the existence of, or any information about:
                             (i) the summons; or
                            (ii) any official matter
connected with the summons; and
                    (d) when the disclosure by the person
is made:
                             (i) the notation has not been
cancelled by subsection 91(7); and
                            (ii) the period of 5 years
after the summons is served under section 83 has not ended.
Penalty:Â Imprisonment for 12 months.
            (4) In proceedings for an offence against subsection (3),
it is a defence if the person discloses the information:
                    (a) if the person is an officer or
agent of a body corporate referred to in paragraph (2)(d):
                             (i) to another officer or
agent of the body corporate for the purpose of ensuring compliance with the
summons; or
                            (ii) to a legal practitioner
for the purpose of obtaining legal advice or representation in relation to the
summons; or
                           (iii) to a legal aid officer
for the purpose of obtaining assistance under section 103 in relation to
the summons; or
                    (b) if the person is a legal practitioner—for
the purpose of giving legal advice, making representations, or obtaining
assistance under section 103, in relation to the summons; or
                    (c) if the person is a legal aid
officer—for the purpose of obtaining legal advice or representation in relation
to the summons.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal
Code.
            (5) A person commits an offence if:
                    (a) a disclosure is made to a person
about:
                             (i) a summons under section 83
that includes a notation under section 91; or
                            (ii) any official matter
connected with a summons under section 83 that includes a notation under
section 91; and
                    (b) the disclosure is permitted under subsection (2)
or (4) because the person is a person of a particular kind; and
                    (c) when the person is no longer a
person of that kind, the person:
                             (i) makes a record of the
summons; or
                            (ii) discloses the
existence of the summons; or
                           (iii) discloses any
information about the summons or the existence of it; and
                    (d) when the record, or disclosure, is
made by the person:
                             (i) the notation has not
been cancelled by subsection 91(7); and
                            (ii) the period of 5 years
after the summons is served under section 83 has not ended.
Penalty:Â Imprisonment for 12 months.
            (6) A reference in this section to disclosing
something’s existence includes disclosing information from which a person could
reasonably be expected to infer its existence.
Subdivision E—Offences in relation to hearings
93Â
Offences
Failure to attend hearing
            (1) A person commits an offence if:
                    (a) the person is served with a
summons to attend a hearing; and
                    (b) the person:
                             (i) fails to attend as
required by the summons; or
                            (ii) fails to appear and
report from day to day unless excused or released from further attendance by
the Integrity Commissioner.
Penalty:Â Imprisonment for 12 months.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the excuse or release from further attendance referred to in subparagraph (b)(ii):
see subsection 13.3(3) of the Criminal Code.
Failure to swear an oath, make an affirmation or answer
a question
            (2) A person commits an offence if:
                    (a) the person is served with a
summons to attend a hearing; and
                    (b) the person fails:
                             (i) to be sworn or to make
an affirmation at the hearing; or
                            (ii) to answer a question
at the hearing that the Integrity Commissioner requires the person to answer.
Penalty:Â Imprisonment for 2 years.
Note 1:Â Â Â Â Â Â A legal practitioner may refuse to answer a
question in certain circumstances: see section 95.
Note 2:Â Â Â Â Â Â This subsection is not subject to the privilege
against self‑incrimination but there are limits on the uses to which the
evidence the person gives may be put: see section 96.
            (3) Subsection (2) has effect subject to
section 150 (which deals with section 149 certified information).
Failure to produce a document or thing
            (4) A person commits an offence if:
                    (a) the person is served with a
summons to produce a document or thing specified in the summons; and
                    (b) the person fails to produce the
document or thing that the person was required to produce.
Penalty:Â Imprisonment for 2 years.
Note 1:Â Â Â Â Â Â A legal practitioner may refuse to produce a
document or thing in certain circumstances: see section 95.
Note 2:Â Â Â Â Â Â This subsection is not subject to the privilege
against self‑incrimination but there are limits on the uses to which the
evidence the person gives may be put: see section 96.
            (5) Subsection (4) has effect subject to
section 150 (which deals with section 149 certified information).
94Â Contempt
            (1) A person commits an offence if:
                    (a) the person insults, disturbs or
uses insulting language towards another person; and
                    (b) the person knows that:
                             (i) the other person is
the Integrity Commissioner; and
                            (ii) the other person is
holding a hearing in the performance of his or her functions, or the exercise
of his or her powers, as Integrity Commissioner.
Penalty:Â Imprisonment for 6 months.
            (2) A person commits an offence if:
                    (a) the person creates a disturbance,
or takes part in creating or continuing a disturbance, in or near a place; and
                    (b) the person knows that the place is
a place where a hearing is being held for the purpose of:
                             (i) investigating a
corruption issue; or
                            (ii) conducting a public
inquiry.
Penalty:Â Imprisonment for 6 months.
            (3) A person commits an offence if:
                    (a) the person interrupts a hearing
that is being held for the purpose of:
                             (i) investigating a
corruption issue; or
                            (ii) conducting a public
inquiry; or
                    (b) the person does any other act or
thing that would, if the hearing were held in a court of record, constitute a
contempt of that court.
Penalty:Â Imprisonment for 6 months.
95Â
Legal practitioner not required to disclose privileged communications
            (1) A legal practitioner may refuse:
                    (a) to answer a question asked by the
Integrity Commissioner at a hearing; or
                    (b) to produce a document or thing to
the Integrity Commissioner at a hearing;
if the answer to the question would disclose, or the
document or thing contains, a privileged communication made by or to the legal
practitioner in his or her capacity as a legal practitioner.
            (2) Subsection (1) has effect subject to
paragraph 96(5)(d).
            (3) Subsection (1) does not apply if the
person to whom or by whom the communication was made agrees to the legal
practitioner:
                    (a) answering the question; or
                    (b) producing the document or thing.
            (4) If the legal practitioner refuses:
                    (a) to answer the question; or
                    (b) to produce the document or thing;
he or she must, if required by the Integrity Commissioner,
give the Integrity Commissioner the name and address of the person to whom or
by whom the communication was made.
            (5) This section does not affect the law
relating to legal professional privilege.
96Â
Self‑incrimination etc.
Self‑incrimination
            (1) A person is not excused from:
                    (a) answering a question; or
                    (b) producing a document or thing;
when summoned, under section 83, to attend a hearing
to do so on the ground that doing so would tend to incriminate the person or
expose the person to a penalty.
Use indemnity
            (2) Subsection (4) applies if:
                    (a) the person:
                             (i) answers the question
(whether orally or in writing); or
                            (ii) produces the document
or thing;
                           and, before doing so, claims
that answering the question, or producing the document or thing, might tend to
incriminate the person or expose the person to a penalty; or
                    (b) the person answers the question in
writing and claims, in a written statement accompanying the answer, that
answering the question might tend to incriminate the person or expose the
person to a penalty; or
                    (c) the person produces the document
or thing and claims, in a written statement accompanying the document or thing,
that producing the document or thing might tend to incriminate the person or
expose the person to a penalty.
            (3) Subsection (4) does not apply to the
production of a document that is, or forms part of, a record of an existing or
past business.
            (4) Neither of the following:
                    (a) the answer given;
                    (b) the document or thing produced;
is admissible in evidence against the person in criminal
proceedings, or any other proceedings for the imposition or recovery of a
penalty, other than:
                    (c) proceedings for an offence against
section 93; or
                    (d) confiscation proceedings; or
                    (e) proceedings for an offence against
section 137.1 or 137.2 of the Criminal Code (which deals with false
or misleading information or documents) that relates to this Act; or
                     (f) proceedings for an offence
against section 149.1 of the Criminal Code (which deals with
obstruction of Commonwealth public officials) that relates to this Act; or
                    (g) disciplinary proceedings against
the person if the person is a staff member of a law enforcement agency.
Public interest grounds
            (5) A person is not excused from:
                    (a) answering a question; or
                    (b) producing a document or thing;
when summoned, under section 83, to attend a hearing
to do so on the ground that doing so:
                    (c) would disclose one of the
following:
                             (i) legal advice given to
a Minister or a Commonwealth government agency;
                            (ii) a communication
between an officer of a Commonwealth government agency and another person or
body, being a communication protected against disclosure by legal professional
privilege; or
                    (d) would breach a secrecy provision
other than:
                             (i) a taxation secrecy
provision; or
                            (ii) a law enforcement
secrecy provision; or
                    (e) would be otherwise contrary to the
public interest.
Note:Â Â Â Â Â Â Â Â Â See also subsection 150(3) in relation to
section 149 certified information.
            (6) The fact that a person is not excused
under subsection (5) from:
                    (a) answering a question; or
                    (b) producing a document or thing;
does not otherwise affect a claim of legal professional
privilege that anyone may make in relation to that answer, document or thing.
            (7) A person who is served with a summons
under section 83 does not commit an offence, and is not liable to any
penalty, under the provisions of any other enactment (other than a taxation
secrecy provision or a law enforcement secrecy provision) because the person:
                    (a) answers a question at a hearing
that the Integrity Commissioner requires the person to answer; or
                    (b) produces a document or thing that
the person is required to produce in accordance with the summons.
Subdivision F—Court orders for delivery of witness’s passport and
witness’s arrest
97Â
Integrity Commissioner may apply for order that witness deliver his or her
passport
            (1) The Integrity Commissioner may apply to a
Judge of the Federal Court for an order that a person deliver his or her
passport to the Integrity Commissioner if:
                    (a) either of the following apply:
                             (i) a summons under
section 83 has been issued requiring the person to attend a hearing
(whether or not the summons has been served) in relation to a corruption
investigation or public inquiry; or
                            (ii) the person has
appeared at a hearing in relation to a corruption investigation or public
inquiry to give evidence or to produce documents or things; and
                    (b) there are reasonable grounds for
believing that the person may be able:
                             (i) to give evidence, or
further evidence, that is relevant to the investigation or public inquiry; or
                            (ii) to produce documents
or things, or further documents or things, that are relevant to the
investigation or public inquiry; and
                    (c) there are reasonable grounds for
suspecting that the person:
                             (i) intends to leave Australia;
and
                            (ii) has in his or her
possession, custody or control a passport issued to him or her.
            (2) The Integrity Commissioner must give the
Judge information on oath, or by affirmation, in support of the grounds for the
application.
98Â
Court orders
Court order for witness to appear before the Court
            (1) If a Judge of the Federal Court, sitting
in Chambers, is satisfied, on the evidence, that the requirements of paragraphs
97(1)(a), (b) and (c) are met, the Judge may make an order:
                    (a) requiring the person to appear
before the Federal Court on a date, and at a time and place, specified in the
order; and
                    (b) requesting the person to show
cause why he or she should not be ordered to deliver the passport to the
Integrity Commissioner.
Offence
            (2) A person commits an offence if:
                    (a) the person leaves Australia; and
                    (b) an order has been made in relation
to the person under subsection (1); and
                    (c) a copy of the order has been
served on the person.
Penalty:Â Imprisonment for 2 years.
            (3) In proceedings for an offence against subsection (2),
it is a defence if:
                    (a) the person has appeared before the
Federal Court as required by the order referred to in paragraph (2)(b);
and
                    (b) if the Court makes an order in
relation to the person under paragraph (4)(a)—the person has complied with
the terms of the order and any passport delivered to the Integrity Commissioner
in accordance with the order has been returned to the person.
Court order that witness deliver passport to Integrity
Commissioner
            (4) If the person appears before the Federal
Court as required by the order made under subsection (1), the Court may,
if it thinks fit, make an order:
                    (a) requiring the person to deliver to
the Integrity Commissioner any passport:
                             (i) issued to him or her;
and
                            (ii) in his or her
possession, custody or control; and
                    (b) authorising the Integrity
Commissioner to retain the passport until the end of the period (not exceeding
one month) that is specified in the order.
Extension of period that Integrity Commissioner may retain
passport
            (5) The Federal Court may, upon application
by the Integrity Commissioner, extend for a further period (of not more than
one month), or further periods (of not more than one month in each case), the
period for which the Integrity Commissioner is authorised to retain a passport.
However, the total period for which the Integrity Commissioner is authorised to
retain the passport must not exceed 3 months.
Revocation of court order
            (6) If the Federal Court makes an order
authorising the Integrity Commissioner to retain a passport issued to a person,
the person may apply to the Federal Court for the order to be revoked.
            (7) If the Federal Court revokes the order,
the Integrity Commissioner must return the passport to the person immediately.
Jurisdiction of the Federal Court
            (8) The Federal Court has jurisdiction with
respect to matters arising under this section.
Definition
            (9) In this section:
Australia includes the external Territories.
99Â
Applying for a warrant to arrest witness
            (1) An authorised officer may apply to a
Judge of the Federal Court of Australia, or of the Supreme Court of a State or
Territory, for a warrant to arrest a person if the authorised officer has
reasonable grounds to believe that:
                    (a) the person:
                             (i) has been ordered to
deliver his or her passport to the Integrity Commissioner (whether or not the
person has complied with the order); and
                            (ii) is likely to leave
Australia for the purpose of avoiding giving evidence at a hearing before the
Integrity Commissioner; or
                    (b) the person has been served with a
summons under section 83 and:
                             (i) has absconded or is
likely to abscond; or
                            (ii) is otherwise
attempting, or likely to attempt, to evade service of the summons; or
                    (c) the person has committed an
offence under subsection 93(1) or is likely to do so.
            (2) An authorised officer must give the Judge
information on oath, or by affirmation, in support of the grounds for the
application.
100Â
Warrant for arrest
Issue of warrant
            (1) If a Judge, sitting in Chambers, is satisfied,
on the evidence, that there are reasonable grounds for believing that paragraph
99(1)(a), (b) or (c) is met, the Judge may issue a warrant authorising the
authorised officer to arrest the person.
Execution of warrant
            (2) For the purpose of executing a warrant,
if the authorised officer executing the warrant (or an assisting officer)
believes on reasonable grounds that the person is on any premises, the
authorised officer (or the assisting officer) may break into and enter those
premises.
            (3) However, the authorised officer executing
the warrant (or an assisting officer) must not enter a dwelling house at any
time during the period commencing at 9 pm on a day and ending at 6 am on the
following day unless the authorised officer (or the assisting officer) believes
on reasonable grounds that it would not be practicable to arrest the person,
either at the dwelling house or elsewhere, at another time.
            (4) The authorised officer executing the
warrant (or an assisting officer) must not, in the course of arresting the
person, use more force, or subject the other person to greater indignity, than
is necessary and reasonable:
                    (a) to make the arrest; or
                    (b) to prevent the escape of the
person after the arrest.
            (5) The warrant may be executed even if the
authorised officer does not have a copy of the warrant in his or her possession
at the time it is executed.
            (6) The authorised officer executing the
warrant (or an assisting officer who arrests the person) must inform the
person, at the time of the arrest, of the reason for which he or she is being
arrested.
            (7) It is sufficient if the person is
informed of the substance of the reason and it is not necessary that this be
done in language of a precise or technical nature.
            (8) Subsection (6) does not apply to the
arrest of the person if:
                    (a) the person should, in the
circumstances, know the substance of the reason for which he or she is being
arrested; or
                    (b) the person’s actions make it
impracticable for the authorised officer executing the warrant (or an assisting
officer making the arrest) to inform the person of the reason for which he or
she is being arrested.
            (9) Nothing in this section prevents the
arrest of a person in accordance with any other law.
Definitions
          (10) In this section:
dwelling house includes a conveyance, and a
room in a hotel, motel, boarding house or club, in which people ordinarily
retire for the night.
Judge means:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Judge of the Supreme Court of a
State or Territory.
101Â
Powers of Judge in relation to person arrested
            (1) A person arrested under a warrant issued
under section 100 must be brought, as soon as practicable, before a Judge.
            (2) The Judge may:
                    (a) grant the person bail:
                             (i) on such security as
the Judge thinks fit; and
                            (ii) on such conditions as
the Judge thinks are necessary to ensure that the person appears as a witness
at a hearing before the Integrity Commissioner; or
                    (b) order that the person continue to
be detained for the purpose of ensuring that the person appears as a witness at
a hearing before the Integrity Commissioner; or
                    (c) order that the person be released.
            (3) A person who is detained under paragraph (2)(b)
must be brought before a Judge:
                    (a) within 14 days after he or she was
brought, or last brought, before a Judge; or
                    (b) within such shorter or longer time
as a Judge fixed on the person’s last previous appearance before a Judge;
and the Judge may exercise any of the powers under subsection (2).
            (4) In this section:
Judge means:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Judge of the Supreme Court of a
State or Territory.
Subdivision G—Miscellaneous
102Â
Integrity Commissioner may retain documents or things
            (1) If a document or thing is produced to the
Integrity Commissioner in accordance with a summons under section 83, the
Integrity Commissioner:
                    (a) may take possession of, and may
make copies of, the document or thing, or take extracts from the document; and
                    (b) may retain possession of the
document or thing for such period as is necessary for the purposes of the
investigation or public inquiry to which the document or thing relates.
            (2) While the Integrity Commissioner retains
the document or thing, he or she must allow a person who would otherwise be
entitled to inspect the document or view the thing to do so at the times that
the person would ordinarily be able to do so.
103Â
Person may apply for legal and financial assistance
            (1) A person who is summoned under section 83
to attend a hearing before the Integrity Commissioner may apply to the Attorney‑General
for assistance in respect of:
                    (a) his or her attendance at the
hearing; or
                    (b) his or her representation at the
hearing by a legal practitioner.
Note 1:Â Â Â Â Â Â A person summoned to appear as a witness at a
hearing is entitled to be paid allowances for travelling and other expenses
prescribed by regulations: see subsection 83(5).
Note 2:Â Â Â Â Â Â A person may also apply for assistance in
respect of an application to the Federal Court or the Federal Magistrates Court
under the Administrative Decisions (Judicial Review) Act 1977 for an
order of review in respect of a matter arising under this Act: see section 221.
            (2) A person who:
                    (a) is not giving evidence at a
hearing before the Integrity Commissioner; and
                    (b) is being represented at the
hearing by a legal practitioner with the consent of the Integrity Commissioner;
may apply to the Attorney‑General for assistance in
respect of that representation.
Note:Â Â Â Â Â Â Â Â Â A person may also apply for assistance in
respect of an application to the Federal Court or the Federal Magistrates Court
under the Administrative Decisions (Judicial Review) Act 1977 for an
order of review in respect of a matter arising under this Act: see section 221.
            (3) If a person applies under subsection (1)
or (2), the Attorney‑General may, if he or she is satisfied that:
                    (a) it would involve substantial
hardship to the person to refuse the application; or
                    (b) the circumstances of the case are
of such a special nature that the application should be granted;
authorise the Commonwealth to provide the person with
legal or financial assistance, determined by the Attorney‑General, in
respect of:
                    (c) the person’s attendance at the
hearing; or
                    (d) the person’s representation at the
hearing by a legal practitioner.
            (4) Legal or financial assistance may be
given:
                    (a) unconditionally; or
                    (b) subject to such conditions as the
Attorney‑General determines.
            (5) An instrument that determines the
conditions on which legal or financial assistance may be given is not a
legislative instrument.
104Â
Protection of Integrity Commissioner etc.
            (1) The Integrity Commissioner has, in
exercising his or her power to hold a hearing, the same protection and immunity
as a Justice of the High Court.
            (2) A legal practitioner assisting the
Integrity Commissioner, or representing a person at a hearing, has the same
protection and immunity as a barrister appearing for a party in proceedings in
the High Court.
            (4) To avoid doubt, this section does not
limit the powers of the Ombudsman under the Ombudsman Act 1976 to
investigate issues of administrative practice in relation to a hearing that
been held under this Division.
            (5) A reference in this section to the
Integrity Commissioner includes a reference to an Assistant Integrity
Commissioner who exercises the power to hold a hearing under an authorisation
under section 219.
104AÂ
Protection of witnesses etc.
            (1) A person who:
                    (a) gives evidence at a hearing
conducted under this Act; or
                    (b) produces a document or thing at a
hearing conducted under this Act; or
                    (c) makes a submission to the
Integrity Commissioner in relation to a public inquiry;
has the same protection as a witness in proceedings in the
High Court.
            (2) Subsection (3) applies if it appears
to the Integrity Commissioner that, because a person:
                    (a) is to give evidence, or produce a
document or thing, at a hearing under this Act; or
                    (b) has given evidence, or produced a
document or thing, at a hearing under this Act; or
                    (c) is to make, or has made, a
submission to the Integrity Commissioner in relation to a public inquiry;
either:
                    (d) the safety of the person or any
other person may be prejudiced; or
                    (e) the person or any other person may
be subjected to intimidation or harassment.
            (3) The Integrity Commissioner may make such
arrangements as are necessary:
                    (a) to protect the safety of any
person mentioned in paragraph (2)(d); or
                    (b) to protect any person mentioned in
paragraph (2)(e) from intimidation or harassment.
            (4) For the purpose of subsection (3),
the arrangements that the Integrity Commissioner may make include arrangements
with:
                    (a) the Minister; or
                    (b) members of the AFP; or
                    (c) members of the police force of a
State or Territory.
            (5) This section does not affect the Witness
Protection Act 1994.
Division 3—Entering certain places during an investigation without a
search warrant
105Â
Power to enter places occupied by law enforcement agencies
            (1) For the purposes of investigating a
corruption issue, the Integrity Commissioner (or an authorised officer) may:
                    (a) enter any place occupied by a law
enforcement agency at any reasonable time of the day; and
                    (b) carry on the investigation of the
corruption issue at that place; and
                    (c) inspect any documents relevant to
the investigation that are kept at that place; and
                    (d) make copies of, or take extracts
from, any documents so inspected; and
                    (e) for the purpose of making a copy
of, or taking an extract from, a document, remove the document from that place;
and
                     (f) seize things found at that place
if the Integrity Commissioner (or the authorised officer) believes on
reasonable grounds that:
                             (i) the thing is relevant
to an indictable offence; and
                            (ii) seizure of the thing
is necessary to prevent its concealment, loss or destruction or its use in
committing an indictable offence.
            (2) While the Integrity Commissioner (or
authorised officer) retains a document or thing, he or she must allow a person
who would otherwise be entitled to inspect the document or view the thing to do
so at the times that the person would ordinarily be able to do so.
            (3) Subsection (1) does not authorise a
person to enter, or carry on an investigation at:
                    (a) a place referred to in paragraph
80(c) of the Crimes Act 1914; or
                    (b) a place that is a prohibited place
for the purposes of the Defence (Special Undertakings) Act 1952 under
section 7 of that Act; or
                    (c) an area of land or water, or an
area of land and water, that is declared under section 14 of the Defence
(Special Undertakings) Act 1952 to be a restricted area for the purposes of
that Act;
unless:
                    (d) the Minister administering that
Act (or another Minister acting for and on behalf of that Minister) has
approved the person entering the place or area; and
                    (e) the person complies with any
conditions imposed by the Minister giving the approval in relation to:
                             (i) his or her entering
that place or area; and
                            (ii) the manner in which
his or her investigation is to be conducted at that place or area.
            (4) If the Attorney‑General is
satisfied that conducting an investigation at a place might prejudice the
security or defence of the Commonwealth, the Attorney‑General may, by
written notice to the Integrity Commissioner, declare the place to be a place
to which this subsection applies.
            (5) While the declaration is in force, subsection (1)
does not authorise a person to do anything at the place unless:
                    (a) a Minister specified in the
declaration (or another Minister acting for and on behalf of that Minister) has
approved the person entering the place; and
                    (b) the person complies with any
conditions imposed by the Minister giving the approval in relation to:
                             (i) his or her entering
that place; and
                            (ii) the manner in which
his or her investigation is to be conducted at that place.
            (6) A declaration by the Attorney‑General
under this section is not a legislative instrument.
106Â
Receipts of things seized under warrant
            (1) If a thing is seized, or removed from a
place, under section 105, the Integrity Commissioner (or an authorised
officer) must provide a receipt for the thing.
            (2) If 2 or more things are seized or moved,
they may be covered by the one receipt.
Division 4—Search warrants
Subdivision A—Preliminary
107Â
Application to things under the control of a person
                  This Division applies to a person (the possessor)
who has a thing under his or her control in any place (whether for the use or
benefit of the possessor or another person), even if another person has the
actual possession or custody of the thing, as if the possessor has possession
of the thing.
Subdivision B—Applying for a search warrant
108Â
Authorised officer may apply for a search warrant
Application for warrant to search premises
(investigation warrant)
            (1) An authorised officer may apply to an
issuing officer for an investigation warrant to search premises if the
authorised officer:
                    (a) has reasonable grounds for
suspecting that there is, or there will be within the next 72 hours, any
evidential material on the premises; and
                    (b) has reasonable grounds for
believing that, if a person was served with a summons to produce the evidential
material, the material might be concealed, lost, mutilated or destroyed.
Note:Â Â Â Â Â Â Â Â Â In special circumstances and urgent cases, an
application may be made by telephone, fax, email or other electronic means: see
section 111.
Application for warrant to search premises (offence
warrant)
            (2) An authorised officer may apply to an
issuing officer for an offence warrant to search premises if the authorised
officer has reasonable grounds for suspecting that there is, or there will be
within the next 72 hours, any evidential material on the premises.
Note:Â Â Â Â Â Â Â Â Â In special circumstances and urgent cases, an
application may be made by telephone, fax, email or other electronic means: see
section 111.
Application for a warrant to search person
(investigation warrant)
            (3) An authorised officer may apply to an
issuing officer for an investigation warrant to carry out an ordinary search or
a frisk search of a person if the authorised officer:
                    (a) has reasonable grounds for
suspecting that the person has in his or her possession, or will within the
next 72 hours have in his or her possession, any evidential material; and
                    (b) has reasonable grounds for
believing that, if the person was served with a summons to produce the
evidential material, the material might be concealed, lost, mutilated or
destroyed.
Note:Â Â Â Â Â Â Â Â Â In special circumstances and urgent cases, an
application may be made by telephone, fax, email or other electronic means: see
section 111.
Application for a warrant to search person (offence
warrant)
            (4) An authorised officer may apply to an
issuing officer for an offence warrant to carry out an ordinary search or a
frisk search of a person if the authorised officer has reasonable grounds for
suspecting that the person has in his or her possession, or will within the
next 72 hours have in his or her possession, any evidential material.
Note:Â Â Â Â Â Â Â Â Â In special circumstances and urgent cases, an
application may be made by telephone, fax, email or other electronic means: see
section 111.
Information in support of application
            (5) An authorised officer must give the
issuing officer information on oath or by affirmation to support the grounds
for an application under subsection (1), (2), (3) or (4).
            (6) If an authorised officer applying for a
search warrant suspects that, in executing the warrant, it will be necessary to
use firearms, the authorised officer must state that suspicion, and the grounds
for it, in the information given under subsection (5).
            (7) If the authorised officer applying for a
search warrant (or another authorised officer who will be an assisting officer
in relation to the search warrant) has, at any time previously, applied for a
search warrant under this Act or another Act in relation to the same person or
premises, the authorised officer must state particulars of those applications,
and their outcome, in the information given under subsection (5).
Subdivision C—Issue of a search warrant
109Â
When search warrants may be issued
Issue of a warrant to search premises (investigation
warrant)
            (1) If:
                    (a) an authorised officer makes an
application to an issuing officer under subsection 108(1); and
                    (b) the issuing officer is satisfied,
on the information given under subsection 108(5), that:
                             (i) there are reasonable
grounds for suspecting that there is, or there will be within the next 72
hours, evidential material on the premises in relation to which the application
is made; and
                            (ii) there are reasonable
grounds for believing that, if a person was served with a summons to produce
the evidential material, the material might be concealed, lost, mutilated or
destroyed;
the issuing officer may issue an investigation warrant
authorising the authorised officer to search the premises.
Issue of a warrant to search premises (offence warrant)
            (2) If:
                    (a) an authorised officer makes an
application to an issuing officer under subsection 108(2); and
                    (b) the issuing officer is satisfied,
on the information given under subsection 108(5), that there are reasonable
grounds for suspecting that there is, or there will be within the next 72
hours, evidential material on the premises in relation to which the application
is made;
the issuing officer may issue an offence warrant
authorising the authorised officer to search the premises.
Issue of a warrant to search a person (investigation
warrant)
            (3) If:
                    (a) an authorised officer makes an
application to an issuing officer under subsection 108(3); and
                    (b) the issuing officer is satisfied,
on the information given under subsection 108(5), that:
                             (i) there are reasonable
grounds for suspecting that the person in relation to whom the application is
made has in his or her possession, or will within the next 72 hours have in his
or her possession, evidential material; and
                            (ii) there are reasonable
grounds for believing that, if the person was served with a summons to produce
the evidential material, the material might be concealed, lost, mutilated or
destroyed;
the issuing officer may issue an investigation warrant
authorising the authorised officer to carry out an ordinary search or a frisk
search of the person.
Issue of a warrant to search a person (offence warrant)
            (4) If:
                    (a) an authorised officer makes an
application to an issuing officer under subsection 108(4); and
                    (b) the issuing officer is satisfied,
on the information given under subsection 108(5), that there are reasonable
grounds for suspecting that the person in relation to whom the application is
made has in his or her possession, or will within the next 72 hours have in his
or her possession, evidential material;
the issuing officer may issue an offence warrant
authorising the authorised officer to carry out an ordinary search or a frisk
search of the person.
Issue of a warrant by State/Territory issuing officers
            (5) An issuing officer in a State or internal
Territory may:
                    (a) issue a search warrant in relation
to premises or a person in that State or Territory; or
                    (b) issue a search warrant in relation
to premises or a person in an external Territory; or
                    (c) issue a search warrant in relation
to premises or a person in another State or internal Territory (including the
Jervis Bay Territory) if he or she is satisfied that there are special
circumstances that make the issue of the warrant appropriate; or
                    (d) issue a search warrant in relation
to a person wherever the person is in Australia or in an external Territory if
he or she is satisfied that it is not possible to predict where the person may
be.
            (6) An issuing officer in New South Wales or
the Australian Capital Territory may issue a search warrant in relation to
premises or a person in the Jervis Bay Territory.
            (7) Subsections (5) and (6) do not apply
if the issuing officer is:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Federal Magistrate.
Issue of a warrant by issuing officers
            (8) The function of issuing a search warrant
is conferred on an issuing officer in a personal capacity and not as a court or
a member of a court. The issuing officer need not accept the function
conferred.
            (9) An issuing officer performing a function
of, or connected with, issuing a search warrant has the same protection and
immunity as if he or she were performing that function as, or as a member of,
the court of which the issuing officer is a member.
110Â
Content of warrants
General contents of warrant
            (1) If an issuing officer issues a search
warrant under section 109, the issuing officer is to state in the warrant:
                    (a) either:
                             (i) if the warrant is an
investigation warrant—the corruption issue or public inquiry to which the
warrant relates; or
                            (ii) if the warrant is an
offence warrant—the offence to which the warrant relates; and
                    (b) a description of the premises to
which the warrant relates or the name or a description of a person to whom it
relates; and
                    (c) the kinds of evidential material
that are to be searched for under the warrant; and
                    (d) the name of the authorised officer
who, unless he or she inserts the name of another authorised officer in the
warrant, is to be responsible for executing the warrant; and
                    (e) the time at which the warrant
expires; and
                     (f) whether the warrant may be
executed at any time or only during particular hours.
            (2) The time stated in the warrant as the
time at which the warrant expires must be a time that is not later than the end
of the seventh day after the day on which the warrant is issued.
Example:Â Â Â If a warrant is issued at 3 pm on a Monday, the
expiry time specified in the warrant must not be later than midnight on Monday
in the following week.
Additional matters for warrant in relation to premises
            (3) If the search warrant relates to premises,
the issuing officer is also to state:
                    (a) that the warrant authorises the
seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c))
found at the premises in the course of the search that the authorised officer
or an assisting officer believes on reasonable grounds to be:
                             (i) if the warrant is an
investigation warrant—evidential material in relation to the corruption issue
or public inquiry to which the warrant relates; or
                            (ii) if the warrant is an
offence warrant—a thing relevant to the offence to which the warrant relates;
or
                           (iii) in any case—evidential
material (within the meaning of the Proceeds of Crime Act 2002) or
tainted property (within the meaning of that Act); or
                           (iv) in any case—a thing
relevant to an indictable offence;
                           if the authorised officer or the
assisting officer believes on reasonable grounds that seizure of the thing is
necessary to prevent its concealment, loss or destruction or its use in
committing an offence; and
                    (b) whether the warrant authorises an
ordinary search or a frisk search of a person who is at or near the premises
when the warrant is executed if the authorised officer or an assisting officer
suspects on reasonable grounds that the person has in his or her possession:
                             (i) in the case of an
investigation warrant—any evidential material in relation to the corruption
issue or public inquiry to which the warrant relates; or
                            (ii) in the case of an
offence warrant—a thing relevant to the offence to which the warrant relates;
or
                           (iii) in any case—evidential
material (within the meaning of the Proceeds of Crime Act 2002) or
tainted property (within the meaning of that Act); or
                           (iv) in any case—a thing
relevant to an indictable offence; or
                            (v) in any case—any
eligible seizable items.
Additional matters for warrant in relation to person
            (4) If the search warrant relates to a
person, the issuing officer is also to state:
                    (a) the kind of search (ordinary or
frisk) of the person that the warrant authorises; and
                    (b) that the warrant authorises the
seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c))
found, in the course of the search, in the possession of the person or in, or
on, an aircraft, vehicle or vessel that the person had operated or occupied at
any time within 24 hours before the search began, being a thing that the
authorised officer or an assisting officer believes on reasonable grounds to
be:
                             (i) in the case of an
investigation warrant—evidential material in relation to the corruption issue
or public inquiry to which the warrant relates; or
                            (ii) in the case of an
offence warrant—a thing relevant to the offence to which the warrant relates;
or
                           (iii) in any case—evidential
material (within the meaning of the Proceeds of Crime Act 2002) or
tainted property (within the meaning of that Act); or
                           (iv) in any case—a thing
relevant to an indictable offence;
                           if the authorised officer or the
assisting officer believes on reasonable grounds that seizure of the thing is
necessary to prevent its concealment, loss or destruction or its use in
committing an offence.
Successive warrants
            (5) Paragraph (1)(e) does not prevent
the issue of successive warrants in relation to the same premises or person.
111Â
Application by telephone etc. and issue of warrant
            (1) An authorised officer may apply to an
issuing officer for a search warrant by telephone, fax, email or other
electronic means:
                    (a) in an urgent case; or
                    (b) if the delay that would occur if
an application were made in person would frustrate the effective execution of
the warrant.
            (2) The issuing officer:
                    (a) may require communication by voice
to the extent that is practicable in the circumstances; and
                    (b) may make a recording of the whole
or any part of any such communication by voice.
            (3) An application under this section must
include all information that is required in an ordinary application for a
search warrant, but the application may, if necessary, be made before the
information is sworn or affirmed.
            (4) If an application is made under this
section:
                    (a) sections 108 and 109 apply as
if subsections 108(1), (2), (3) and (4) and 109(1), (2), (3) and (4) referred
to 48 hours rather than 72 hours; and
                    (b) section 110 applies as if
subsection 110(2) referred to the end of the 48th hour rather than the end of
the seventh day.
            (5) If an application is made to an issuing
officer under this section and the issuing officer, after considering the
information and having received and considered such further information (if
any) as the issuing officer required, is satisfied that:
                    (a) a search warrant in the terms of
the application should be issued urgently; or
                    (b) the delay that would occur if an
application were made in person would frustrate the effective execution of the
warrant;
the issuing officer may complete and sign the same form of
search warrant that would be issued under section 109.
            (6) If the issuing officer decides to issue
the search warrant, the issuing officer is to inform the applicant, by
telephone, fax, email or other electronic means, of the terms of the warrant
and the day on which and the time at which it was signed.
            (7) The applicant must then complete a form
of search warrant in terms substantially corresponding to those given by the
issuing officer, stating on the form the name of the issuing officer and the
day on which and the time at which the warrant was signed.
            (8) The applicant must give or transmit to
the issuing officer:
                    (a) the form of search warrant
completed by the applicant; and
                    (b) if the information referred to in subsection (3)
was not sworn or affirmed—that information duly sworn or affirmed.
            (9) The applicant must do so not later than
the day after the warrant expires or the day after the day on which the search
warrant was executed, whichever is the earlier.
          (10) The issuing officer is to attach to the
documents provided under subsection (8) the form of search warrant he or
she has completed.
          (11) If:
                    (a) it is material, in any
proceedings, for a court to be satisfied that the exercise of a power under a
search warrant issued under this section was duly authorised; and
                    (b) the form of search warrant signed
by the issuing officer is not produced in evidence;
the court is to assume, unless the contrary is proved,
that the exercise of the power was not duly authorised.
          (12) In this section:
applicant means the authorised officer who
applied for the search warrant.
112Â
The things authorised by a search warrant in relation to premises
                  A search warrant in force in relation to
premises authorises the authorised officer executing the warrant or an
assisting officer to do any of the following:
                    (a) to enter the premises;
                    (b) to search for and record
fingerprints found at the premises and to take samples of things found at the
premises for forensic purposes;
                    (c) to search the premises for the
kinds of evidential material specified in the warrant, and to seize things of
that kind found on the premises;
                    (d) to seize other things found on the
premises in the course of the search that the authorised officer or the
assisting officer believes on reasonable grounds to be:
                             (i) in the case of an
investigation warrant—evidential material in relation to the corruption issue
or public inquiry to which the warrant relates; or
                            (ii) in the case of an
offence warrant—a thing relevant to the offence to which the warrant relates;
or
                           (iii) in any case—evidential
material (within the meaning of the Proceeds of Crime Act 2002) or
tainted property (within the meaning of that Act); or
                           (iv) in any case—a thing
relevant to an indictable offence;
                           if the authorised officer or the
assisting officer believes on reasonable grounds that seizure of the thing is
necessary to prevent its concealment, loss or destruction or its use in
committing an offence;
                    (e) to seize other things found at the
premises in the course of the search that the authorised officer or the
assisting officer believes on reasonable grounds to be eligible seizable items;
                     (f) if the warrant so allows—to
conduct an ordinary search or a frisk search of a person at or near the
premises if the authorised officer or the assisting officer suspects on
reasonable grounds that the person has in his or her possession:
                             (i) in the case of an
investigation warrant—any evidential material in relation to the corruption
issue or public inquiry to which the warrant relates; or
                            (ii) in the case of an
offence warrant—a thing relevant to the offence to which the warrant relates;
or
                           (iii) in any case—evidential
material (within the meaning of the Proceeds of Crime Act 2002) or
tainted property (within the meaning of that Act); or
                           (iv) in any case—a thing
relevant to an indictable offence; or
                            (v) in any case—any
eligible seizable items.
113Â
The things authorised by a search warrant in relation to a person
            (1) A search warrant in force in relation to
a person authorises the authorised officer executing the warrant or an
assisting officer to do any of the following:
                    (a) to search:
                             (i) the person as
specified in the warrant and things found in the possession of the person; and
                            (ii) any aircraft, vehicle
or vessel that the person had operated or occupied at any time within 24 hours
before the search began, for things specified in the warrant;
                    (b) to:
                             (i) seize things of that
kind; or
                            (ii) record fingerprints
from things; or
                           (iii) take forensic samples
from things;
                           found in the course of the
search;
                    (c) to seize other things found on, or
in, the possession of the person or in the aircraft, vehicle or vessel referred
to in subparagraph (a)(ii) in the course of the search that the authorised
officer or the assisting officer believes on reasonable grounds to be:
                             (i) in the case of an
investigation warrant—evidential material in relation to the corruption issue
or public inquiry to which the warrant relates; or
                            (ii) in the case of an
offence warrant—a thing relevant to the offence to which the warrant relates;
or
                           (iii) in any case—evidential
material (within the meaning of the Proceeds of Crime Act 2002) or
tainted property (within the meaning of that Act); or
                           (iv) in any case—a thing
relevant to an indictable offence;
                           if the authorised officer or the
assisting officer believes on reasonable grounds that seizure of the thing is
necessary to prevent its concealment, loss or destruction or its use in
committing an offence;
                    (d) to seize other things found in the
course of the search that the authorised officer or the assisting officer
believes on reasonable grounds to be eligible seizable items.
            (2) If the search warrant authorises an
ordinary search or a frisk search of a person, a search of the person different
from that authorised by the warrant must not be done under the warrant.
114Â
Restrictions on personal searches
                  A search warrant may not authorise a
strip search or a search of a person’s body cavities.
115Â
When warrant may be executed etc.
            (1) If a search warrant states that it may be
executed only during particular hours, the warrant must not be executed outside
those hours.
            (2) If things are seized under a search
warrant, the warrant authorises the authorised officer executing the warrant to
make the things available to officers of other government agencies if it is
necessary to do so for the purpose of investigating or prosecuting an offence
to which the things relate.
Subdivision D—General provisions about executing a search warrant
116Â
Announcement before entry
            (1) An authorised officer executing the
search warrant must, before any person enters premises under the warrant:
                    (a) announce that he or she is
authorised to enter the premises; and
                    (b) give any person at the premises an
opportunity to allow entry to the premises.
            (2) An authorised officer is not required to
comply with subsection (1) if he or she believes on reasonable grounds
that immediate entry to the premises is required:
                    (a) to ensure the safety of a person
(including an authorised officer or assisting officer); or
                    (b) to ensure that the effective
execution of the warrant is not frustrated.
117Â
Availability of assistance and use of force in executing a warrant
            (1) In executing a search warrant, the
authorised officer executing the warrant may:
                    (a) obtain the assistance that is
necessary and reasonable in the circumstances; and
                    (b) use the force against persons and
things that is necessary and reasonable in the circumstances.
            (2) In executing a search warrant:
                    (a) if an assisting officer is also an
authorised officer—the assisting officer may use the force against persons and
things that is necessary and reasonable in the circumstances; and
                    (b) if an assisting officer is not an
authorised officer—the assisting officer may use the force against things that
is necessary and reasonable in the circumstances.
            (3) A person who is not an authorised officer
must not take part in searching a person.
Subdivision E—Specific provisions about executing a warrant in relation to
premises
118Â
Application
                  This Subdivision applies if a search
warrant in relation to premises is being executed.
119Â
Copy of warrant to be shown to occupier etc.
            (1) If the occupier of the premises, or
another person who apparently represents the occupier, is present at the
premises, the authorised officer executing the search warrant or an assisting
officer must make a copy of the warrant available to the person.
            (2) If a person is searched under a search
warrant in relation to premises, the authorised officer executing the warrant
or an assisting officer must show the person a copy of the warrant.
            (3) The authorised officer must identify
himself or herself to the person at the premises.
            (4) The copy of the search warrant need not
include the signature of the issuing officer who issued it.
120Â
Occupier entitled to watch search
            (1) The occupier of the premises, or another
person who apparently represents the occupier, who is present at the premises,
is entitled to watch the search.
            (2) Subsection (1) is subject to Part IC
of the Crimes Act 1914.
            (3) The right to watch the search being
conducted ceases if the person impedes the search.
            (4) This section does not prevent 2 or more
areas of the premises being searched at the same time.
121Â
Specific powers available to person executing a warrant
            (1) The authorised officer executing the
search warrant or an assisting officer may take photographs or video recordings
of the premises or things on the premises:
                    (a) for a purpose incidental to the
execution of the warrant; or
                    (b) with the written consent of the
occupier of the premises.
            (2) The authorised officer executing the
search warrant and all assisting officers may, if the warrant is still in
force, finish executing the warrant after all of them temporarily stop
executing it and leave the premises:
                    (a) for not more than one hour; or
                    (b) for a longer period with the
written consent of the occupier of the premises.
            (3) The execution of a search warrant that is
stopped by an order of a court may be completed if:
                    (a) the order is later revoked or
reversed on appeal; and
                    (b) the warrant is still in force.
122Â
Use of equipment to examine or process things
            (1) The authorised officer executing the
search warrant or an assisting officer may bring to the premises any equipment
(including electronic equipment) reasonably necessary to examine or process
things found at the premises in order to determine whether they are things that
may be seized under the warrant.
            (2) A thing found at the premises may be
moved to another place for examination or processing in order to determine
whether it may be seized under a warrant if:
                    (a) both of the following apply:
                             (i) it is significantly
more practicable to do so having regard to the timeliness and cost of examining
or processing the thing at another place and the availability of expert
assistance;
                            (ii) there are reasonable
grounds to believe that the thing contains or constitutes evidential material;
or
                    (b) the occupier of the premises
consents in writing.
            (3) If things are moved to another place for
the purpose of examination or processing, the authorised officer must, if it is
practicable to do so:
                    (a) inform the occupier of the address
of the place and the time at which the examination or processing will be
carried out; and
                    (b) allow the occupier or his or her
representative to be present during the examination or processing.
            (4) The thing may be moved to another place
for examination or processing for no longer than 72 hours.
            (5) An authorised officer may apply to an
issuing officer for one or more extensions of that time if the authorised
officer believes on reasonable grounds that the thing cannot be examined or
processed within 72 hours or that time as previously extended.
            (6) The authorised officer must give notice
of the application to the occupier of the premises, and the occupier is
entitled to be heard in relation to the application.
            (7) The authorised officer executing the
search warrant or an assisting officer may operate equipment (including
electronic equipment) already on the premises to examine or process a thing
found on the premises in order to determine whether it may be seized under the
warrant, if the authorised officer or the assisting officer believes on reasonable
grounds that:
                    (a) the equipment is suitable for the
examination or processing; and
                    (b) the examination or processing can
be carried out without damaging the equipment or thing.
            (8) A notice of the application given to the
occupier of the premises is not a legislative instrument.
123Â
Use of electronic equipment at premises without expert assistance
            (1) The authorised officer executing the
search warrant or an assisting officer may operate electronic equipment on the
premises to access data (including data not held at the premises) if he or she
believes on reasonable grounds that:
                    (a) the data might constitute
evidential material; and
                    (b) the equipment can be operated
without damaging it.
Note:Â Â Â Â Â Â Â Â Â An authorised officer can obtain an order
requiring a person with knowledge of a computer or computer system to provide
assistance: see section 125.
            (2) If the authorised officer or the
assisting officer believes on reasonable grounds that any data accessed by
operating the electronic equipment might constitute evidential material, he or
she may:
                    (a) copy the data to a disk, tape or
other associated device brought to the premises; or
                    (b) if the occupier of the premises
agrees in writing—copy the data to a disk, tape or other associated device at
the premises;
and take the device from the premises.
            (3) If:
                    (a) the authorised officer or the
assisting officer takes the device from the premises; and
                    (b) the Integrity Commissioner is
satisfied that the data is not required (or is no longer required) for:
                             (i) investigating a
corruption issue; or
                            (ii) conducting a public
inquiry; or
                           (iii) judicial proceedings
or administrative review proceedings; or
                           (iv) investigating or
resolving AFP conduct or practices issues under Part V of the Australian
Federal Police Act 1979;
the Integrity Commissioner must arrange for:
                    (c) the removal of the data from any
device in the control of ACLEI; and
                    (d) the destruction of any other
reproduction of the data in the control of ACLEI.
            (4) However, the Integrity Commissioner must
not do so if the data is evidence that he or she must deal with in accordance
with Part 10.
            (5) If the authorised officer or the
assisting officer, after operating the equipment, finds that evidential
material is accessible by doing so, he or she may:
                    (a) seize the equipment and any disk,
tape or other associated device; or
                    (b) if the material can, by using
facilities at the premises, be put in documentary form—operate the facilities
to put the material in that form and seize the documents so produced.
            (6) A person may seize equipment under paragraph (5)(a)
only if:
                    (a) it is not practicable to put the
material in documentary form as referred to in paragraph (5)(b); or
                    (b) possession of the equipment by the
occupier could constitute an offence.
124Â
Use of electronic equipment at premises with expert assistance
            (1) If the authorised officer executing the
search warrant or an assisting officer believes on reasonable grounds that:
                    (a) evidential material may be
accessible by operating electronic equipment at the premises; and
                    (b) expert assistance is required to
operate the equipment; and
                    (c) if he or she does not take action
under this subsection, the material may be destroyed, altered or otherwise
interfered with;
he or she may do whatever is necessary to secure the
equipment, whether by locking it up, placing a guard or otherwise.
            (2) The authorised officer or the assisting
officer must notify the occupier of the premises, in writing, of:
                    (a) his or her intention to secure the
equipment; and
                    (b) the fact that the equipment may be
secured for up to 24 hours.
            (3) The equipment may be secured for up to 24
hours to allow the equipment to be operated by an expert.
            (4) If the authorised officer or the
assisting officer believes on reasonable grounds that expert assistance will
not be available within 24 hours, he or she may apply to an issuing officer for
an extension of that period.
            (5) The authorised officer or the assisting
officer must notify the occupier of the premises of his or her intention to
apply for an extension, and the occupier is entitled to be heard in relation to
the application.
            (6) The provisions of this Division in
relation to the issuing of search warrants apply, with such modifications as
are necessary, to the issuing of an extension.
            (7) A notification given to the occupier of
the premises under this section is not a legislative instrument.
125Â
Person with knowledge of a computer or a computer system to assist access etc.
            (1) The authorised officer executing the
search warrant may apply to an issuing officer for an order requiring a
specified person to provide any information or assistance that is reasonable
and necessary to allow the officer or an assisting officer or to do one or more
of the following:
                    (a) access data held in a computer, or
accessible from a computer, that is on premises in relation to which the
warrant is in force;
                    (b) copy the data to a data storage
device;
                    (c) convert the data into documentary
form.
            (2) The issuing officer may grant the order
if he or she is satisfied that:
                    (a) there are reasonable grounds for
suspecting that evidential material is held in, or is accessible from, the
computer; and
                    (b) the specified person is:
                             (i) in the case of
an investigation warrant—reasonably suspected of having, or having access to,
data that may be relevant to the corruption issue or public inquiry to which
the warrant relates; or
                            (ii) in the case of
an offence warrant—reasonably suspected of having committed the offence stated
in the warrant; or
                           (iii) the owner or lessee of
the computer; or
                           (iv) an employee of the
owner or lessee of the computer; and
                    (c) the specified person has relevant
knowledge of:
                             (i) the computer or a
computer network of which the computer forms a part; or
                            (ii) measures applied to
protect data held in, or accessible from, the computer.
            (3) A person commits an offence if the person
fails to comply with the order.
Penalty:Â Imprisonment for 6 months.
126Â
Accessing data held on other premises—notification to occupier of those premises
            (1) If:
                    (a) data that is held on premises
(other than the premises in relation to which the warrant is in force) is
accessed under subsection 123(1); and
                    (b) it is practicable to notify the
occupier of the other premises that the data has been accessed under a warrant;
the authorised officer executing the search warrant must:
                    (c) do so as soon as practicable; and
                    (d) if the authorised officer has
arranged, or intends to arrange, for continued access to the data under
subsection 123(2) or (5)—include that information in the notification.
            (2) A notification under subsection (1)
must include sufficient information to allow the occupier of the other premises
to contact the authorised officer.
127Â
Compensation for damage to electronic equipment
            (1) This section applies if:
                    (a) as a result of equipment being
operated as mentioned in section 122, 123 or 124:
                             (i) damage is caused to
the equipment; or
                            (ii) the data recorded on
the equipment is damaged; or
                           (iii) programs associated
with the use of the equipment, or with the use of the data, are damaged or
corrupted; and
                    (b) the damage or corruption occurs
because:
                             (i) insufficient care was
exercised in selecting the person who was to operate the equipment; or
                            (ii) insufficient care was
exercised by the person operating the equipment.
            (2) The Commonwealth must pay the owner of
the equipment, or the user of the data or programs, such reasonable
compensation for the damage or corruption as the Commonwealth and the owner or
user agree on.
            (3) However, if the owner or user and the
Commonwealth fail to agree, the owner or user may institute proceedings in the
Federal Court of Australia for such reasonable amount of compensation as the
Court determines.
            (4) In determining the amount of compensation
payable, regard is to be had to whether the occupier of the premises, or the
occupier’s employees or agents, if they were available at the time, had
provided any appropriate warning or guidance on the operation of the equipment.
            (5) Compensation is payable out of money
appropriated by the Parliament.
            (6) For the purpose of subsection (1):
damage, in relation to data, includes damages
by erasure of data or addition of other data.
128Â
Copies of seized things to be provided
            (1) If the authorised officer executing the
search warrant or an assisting officer seizes:
                    (a) a document, film, computer file or
other thing that can be readily copied; or
                    (b) a device storing information that
can be readily copied;
the authorised officer or the assisting officer must,
if requested to do so by the occupier of the premises or another person who
apparently represents the occupier and who is present when the warrant is
executed, give a copy of the thing or the information to that person as soon as
practicable after the seizure.
            (2) However, subsection (1) does not
apply if:
                    (a) the thing that has been seized was
seized under subsection 123(2) or paragraph 123(5)(a); or
                    (b) possession of the document, film,
computer file, thing or information by the occupier could constitute an offence.
129Â
Receipts of things seized under warrant
            (1) If a thing is seized under a search
warrant or moved under subsection 122(2), the authorised officer executing the
warrant or an assisting officer must provide a receipt for the thing.
            (2) If 2 or more things are seized or moved,
they may be covered by the one receipt.
Subdivision F—Specific provisions about executing a warrant in relation to
a person
130Â
Copy of warrant to be shown to person
            (1) If a search warrant in relation to a
person is being executed, the authorised officer executing the warrant or an
assisting officer must make a copy of the warrant available to that person.
            (2) The authorised officer must identify
himself or herself to the person being searched.
            (3) The copy of the warrant need not include
the signature of the issuing officer who issued it.
131Â
Conduct of an ordinary search or a frisk search
                  An ordinary search or a frisk search of
a person must, if practicable, be conducted by a person of the same sex as the
person being searched.
Subdivision G—Offences
132Â
Making false statements in warrants
                  A person commits an offence if:
                    (a) the person makes a statement in
applying for a search warrant; and
                    (b) the person knows that the
statement is false or misleading in a material particular.
Penalty:Â Imprisonment for 2 years.
133Â
Offence for stating incorrect names in telephone warrants
                  A person commits an offence if:
                    (a) the person states a name of an
issuing officer in a document; and
                    (b) the document purports to be a form
of search warrant under section 111; and
                    (c) the name is not the name of the
issuing officer who issued the search warrant.
Penalty:Â Imprisonment for 2 years.
134Â
Offence for unauthorised form of warrant
                  A person commits an offence if:
                    (a) the person states a matter in a
form of search warrant under section 111; and
                    (b) the person knows that the matter
departs in a material particular from the form authorised by the issuing
officer.
Penalty:Â Imprisonment for 2 years.
135Â
Offence for executing etc. an unauthorised form of warrant
                  A person commits an offence if:
                    (a) the person executes or presents a
document to another person; and
                    (b) the document purports to be a form
of search warrant under section 111; and
                    (c) the person knows that the document:
                             (i) has not been approved
by an issuing officer under that section; or
                            (ii) departs in a material
particular from the terms authorised by an issuing officer under that section.
Penalty:Â Imprisonment for 2 years.
136Â
Offence for giving unexecuted form of warrant
                  A person commits an offence if:
                    (a) the person gives an issuing
officer a form of search warrant under section 111; and
                    (b) the document is not the form of
search warrant that the person executed.
Penalty:Â Imprisonment for 2 years.
Subdivision H—Miscellaneous
137Â
Other laws about search, arrest etc. not affected
            (1) This Division is not intended to limit or
exclude the operation of another law of the Commonwealth relating to:
                    (a) the search of persons or premises;
or
                    (b) arrest and related matters; or
                    (c) the seizure of things.
            (2) To avoid doubt, even though another law
of the Commonwealth provides power to do one or more of the things referred to
in subsection (1), a similar power conferred by this Division may be used
despite the existence of the power under the other law.
138Â
Law relating to legal professional privilege not affected
                  This Division does not affect the law
relating to legal professional privilege.
Division 5—Powers of arrest
139Â
Authorised officers may exercise powers of arrest
                  For the purposes of investigating a
corruption issue, an authorised officer who is not a constable (within the
meaning of the Crimes Act 1914) has the same powers and duties under
Divisions 4 and 5 of Part IAA of the Crimes Act 1914 as a
constable as if the authorised officer were a constable.
Division 6—Authorised officers
140Â
Appointment of authorised officers
            (1) The Integrity Commissioner may, in
writing, authorise a person to be an authorised officer for the purposes of
this Part.
            (2) The person must be:
                    (a) a staff member of ACLEI:
                             (i) who the Integrity
Commissioner considers has suitable qualifications or experience; or
                            (ii) who is also a member
of the Australian Federal Police; or
                           (iii) who is also a member
of the police force of a State or Territory; or
                    (b) a member of the Australian Federal
Police.
            (3) The Integrity Commissioner may authorise
a person referred to in subparagraph (2)(a)(ii) or paragraph (2)(b)
only if the Commissioner of the AFP agrees to the appointment.
            (4) The Integrity Commissioner may authorise
a person referred to in subparagraph (2)(a)(iii) only if the head (however
described) of the police force of the State or Territory concerned agrees to
the appointment.
            (5) In exercising powers as an authorised
officer, an authorised officer must comply with any directions given by the
Integrity Commissioner.
            (6) If the Integrity Commissioner gives a
direction under subsection (5) in writing, the direction is not a
legislative instrument.
141Â
Identity cards
Issue of identity card
            (1) The Integrity Commissioner must issue an
identity card to a person who is an authorised officer for the purposes of this
Part.
Form of identity card
            (2) An identity card:
                    (a) must be in the form prescribed by
the regulations; and
                    (b) must contain a recent photograph
of the authorised officer.
Identity card to be carried and produced on request
            (3) An authorised officer must carry the
identity card at all times when exercising powers as an authorised officer in
accordance with this Part.
            (4) An authorised officer is not entitled to
exercise any powers under this Part in relation to premises if:
                    (a) the occupier of the premises
requires the authorised officer to produce his or her identity card for
inspection by the occupier; and
                    (b) the authorised officer fails to
comply with the requirement.
            (5) An authorised officer is not entitled to
exercise any powers under this Part in relation to a person if:
                    (a) the person requires the authorised
officer to produce his or her identity card for inspection by the person; and
                    (b) the authorised officer fails to
comply with the requirement.
Offence
            (6) A person commits an offence if:
                    (a) the person has been issued with an
identity card; and
                    (b) the person ceases to be an
authorised officer; and
                    (c) the person does not return the
identity card to the Integrity Commissioner immediately after ceasing to be an
authorised officer.
Penalty:Â 1 penalty unit.
Part 10—Dealing with evidence and information obtained in
investigation or public inquiry
142Â
Evidence of offence or liability to civil penalty
Commonwealth offence or civil penalty
            (1) If, in investigating a corruption issue
or conducting a public inquiry, the Integrity Commissioner obtains:
                    (a) evidence of an offence against a
law of the Commonwealth that would be admissible in a prosecution for the
offence; or
                    (b) evidence of the contravention of a
law of the Commonwealth:
                             (i) in relation to which
civil penalty proceedings may be brought; and
                            (ii) that would be
admissible in civil penalty proceedings for the contravention;
the Integrity Commissioner must:
                    (c) assemble the evidence; and
                    (d) give the evidence to:
                             (i) the Commissioner of
the AFP; or
                            (ii) another person or
authority who is authorised by or under a law of the Commonwealth to prosecute
the offence or bring the civil penalty proceedings.
State or Territory offence or civil penalty
            (2) If, in investigating a corruption issue
or conducting a public inquiry, the Integrity Commissioner obtains:
                    (a) evidence of an offence against a
law of a State or Territory that would be admissible in a prosecution for the
offence; or
                    (b) evidence of the contravention of a
law of a State or Territory:
                             (i) in relation to which
civil penalty proceedings may be brought; and
                            (ii) that would be
admissible in civil penalty proceedings for the contravention;
the Integrity Commissioner must:
                    (c) assemble the evidence; and
                    (d) give the evidence to:
                             (i) the head (however
described) of the police force of the State or Territory; or
                            (ii) another person or
authority who is authorised by or under a law of the State or Territory to
prosecute the offence or bring the civil penalty proceedings.
143Â
Evidence that could be used in confiscation proceedings
Commonwealth proceedings
            (1) If, in investigating a corruption issue
or conducting a public inquiry, the Integrity Commissioner obtains evidence
that would be admissible in a proceeding under the Proceeds of Crime Act
1987 or the Proceeds of Crime Act 2002 (other than a criminal
prosecution for an offence under that Act), the Integrity Commissioner must:
                    (a) assemble the evidence; and
                    (b) give the evidence to:
                             (i) the Commissioner of
the AFP; or
                            (ii) another person or
authority who is authorised by or under a law of the Commonwealth to bring the
proceeding.
State or Territory proceedings
            (2) If, in investigating a corruption issue
or conducting a public inquiry, the Integrity Commissioner obtains evidence
that would be admissible in a proceeding under a corresponding law within the
meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime
Act 2002 (other than a criminal prosecution for an offence under the
corresponding law), the Integrity Commissioner must:
                    (a) assemble the evidence; and
                    (b) give the evidence to:
                             (i) the head (however
described) of the police force of the State or Territory; or
                            (ii) another person or
authority who is authorised by or under a law of the State or Territory to
bring the proceeding.
144Â
Consultation with law enforcement agency head before taking action under
section 142 or 143
            (1) This section applies if the Integrity
Commissioner proposes to take action under section 142 or 143 in relation
to an investigation of a corruption issue that relates to a law enforcement
agency.
            (2) The Integrity Commissioner must take
reasonable steps to consult the head of the law enforcement agency before
taking the action.
            (3) If:
                    (a) the corruption issue relates to
the conduct of a secondee to the law enforcement agency; and
                    (b) the secondee is an employee of a government
agency (the home agency);
the Integrity Commissioner must also take reasonable steps
to consult the head of the home agency before taking the action.
            (4) If:
                    (a) the corruption issue relates to
the conduct of a secondee to the law enforcement agency; and
                    (b) the secondee is an employee of a
State or Territory government agency;
the Integrity Commissioner must also take reasonable steps
to consult the head of the integrity agency (if any) for that State or
Territory before taking the action.
            (5) However, the Integrity Commissioner need
not consult a person under subsection (2), (3) or (4) if doing so is
likely to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) If the Integrity Commissioner does not
consult a person because of subsection (5), the Integrity Commissioner
must:
                    (a) inform the Minister that the
person has not been consulted; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not consulting the person.
145Â
Notification of action taken under section 142 or 143
            (1) This section applies if the Integrity
Commissioner takes action under section 142 or 143 in relation to the
investigation of a corruption issue that relates to a law enforcement agency.
            (2) The Integrity Commissioner must inform
the head of the law enforcement agency that the action has been taken.
            (3) If:
                    (a) the corruption issue relates to
the conduct of a secondee to the law enforcement agency; and
                    (b) the secondee is an employee of a
government agency (the home agency);
the Integrity Commissioner must inform the head of the
home agency that the action has been taken.
            (4) If:
                    (a) the corruption issue relates to the
conduct of a secondee to the law enforcement agency; and
                    (b) the secondee is an employee of a
State or Territory government agency;
the Integrity Commissioner must also inform the head of
the integrity agency (if any) for that State or Territory that the action has
been taken.
            (5) However, the Integrity Commissioner need
not inform a person under subsection (2), (3) or (4) if doing so is likely
to prejudice:
                    (a) the investigation of the
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) If the Integrity Commissioner does not
inform a person because of subsection (5), the Integrity Commissioner
must:
                    (a) inform the Minister that the
person has not been informed; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not informing the person.
146Â
Evidence of breach of duty or misconduct by staff member
Passing evidence on to head of law enforcement agency
            (1) If:
                    (a) the Integrity Commissioner, in
investigating a corruption issue or conducting a public inquiry, obtains
evidence of a breach of duty or misconduct by a staff member of a law
enforcement agency; and
                    (b) the Integrity Commissioner is
satisfied that the evidence may justify:
                             (i) terminating the staff
member’s employment or, if the staff member is a secondee to the law
enforcement agency, the staff member’s secondment; or
                            (ii) initiating
disciplinary proceedings against the staff member; and
                    (c) the Integrity Commissioner is
satisfied that the evidence is, in all the circumstances, of sufficient force
to justify his or her doing so;
the Integrity Commissioner must bring the evidence to the
notice of the head of the law enforcement agency.
Passing evidence on to head of secondee’s home agency
            (2) If:
                    (a) the Integrity Commissioner, in
investigating a corruption issue or conducting a public inquiry, obtains
evidence of a breach of duty or misconduct by a staff member of a law
enforcement agency; and
                    (b) the staff member is a secondee to
the law enforcement agency; and
                    (c) the secondee is an employee of a
government agency (the home agency); and
                    (d) the Integrity Commissioner is
satisfied that the evidence may justify:
                             (i) terminating the
secondee’s employment; or
                            (ii) initiating disciplinary
proceedings against the secondee; and
                    (e) the Integrity Commissioner is
satisfied that the evidence is, in all the circumstances, of sufficient force
to justify his or her doing so;
the Integrity Commissioner must bring the evidence to the
notice of:
                     (f) the head of the home agency; and
                    (g) if the home agency is a State or
Territory government agency—the integrity agency (if any) for that State or
Territory.
147Â
Evidence of, or information suggesting, wrongful conviction
Commonwealth offence
            (1) If the Integrity Commissioner:
                    (a) in investigating a corruption
issue or conducting a public inquiry, obtains evidence that a person was
wrongly convicted of an offence against a law of the Commonwealth; and
                    (b) is satisfied that the evidence is,
in all the circumstances, of sufficient force to justify his or her doing so;
the Integrity Commissioner must:
                    (c) bring the evidence to the notice
of the Minister; and
                    (d) advise the person that the
Integrity Commissioner has must brought the evidence to the notice of the
Minister.
State or Territory offence
            (2) If the Integrity Commissioner:
                    (a) in investigating a corruption
issue or conducting a public inquiry, obtains evidence that a person was
wrongly convicted of an offence against a law of a State or Territory; and
                    (b) is satisfied that the evidence is,
in all the circumstances, of sufficient force to justify his or her doing so;
the Integrity Commissioner must:
                    (c) bring the evidence to the notice
of the Minister; and
                    (d) advise the person that the
Integrity Commissioner has brought the evidence to the notice of the Minister.
Part 11—Attorney‑General’s certificates about release of
information
149Â
Attorney‑General’s certificate in relation to particular information
            (1) The Attorney‑General may certify
that disclosure of:
                    (a) information about a matter
specified in the certificate; or
                    (b) the contents of a document
specified in the certificate;
would be contrary to the public interest on one or more of
the grounds set out in subsection (2).
            (2) The grounds for making a certificate
under subsection (1) are that the disclosure would:
                    (a) prejudice the security, defence or
international relations of the Commonwealth; or
                    (b) involve the disclosure of:
                             (i) communications between
a Minister and a Minister of a State or Territory and would prejudice relations
between the Commonwealth Government and the Government of a State or Territory;
or
                            (ii) deliberations or
decisions of the Cabinet or of a Committee of the Cabinet; or
                           (iii) deliberations or
advice of the Executive Council; or
                    (c) prejudice the conduct of an
investigation of or inquiry into:
                             (i) crime or criminal
activity; or
                            (ii) a contravention of a
civil penalty provision;
                           that is currently being pursued;
or
                    (d) prejudice the fair trial of any
person or the impartial adjudication of a matter; or
                    (e) reveal, or enable a person to
ascertain, the existence or identity of a confidential source of information in
relation to the enforcement of:
                             (i) the criminal law of
the Commonwealth, a State or Territory or a foreign country; or
                            (ii) a civil penalty
provision; or
                     (f) prejudice the effectiveness of
the operational methods, or investigative practices or techniques, of agencies
responsible for the enforcement of:
                             (i) the criminal law of
the Commonwealth, a State or Territory or a foreign country; or
                            (ii) a civil penalty
provision; or
                    (g) prejudice the proper performance
of the functions of the ACC; or
                    (h) endanger a person’s life or
physical safety.
            (3) The certificate must specify the kind of
disclosure that would be contrary to the public interest.
            (4) Without limiting subsection (3), the
kind of disclosure that may be specified in the certificate includes:
                    (a) disclosure generally; or
                    (b) disclosure to a specified person
or group of persons; or
                    (c) disclosure otherwise than to a
specified person or group of persons.
            (5) Without limiting subsection (1), a
certificate under that subsection may provide that the disclosure of
information about the existence or non‑existence of:
                    (a) information about a specified
matter; or
                    (b) a document or thing;
would be contrary to the public interest because it would:
                    (c) prejudice the security, defence or
international relations of the Commonwealth; or
                    (d) prejudice the proper performance of
the functions of the ACC.
            (6) The Attorney‑General must give a
copy of the certificate to:
                    (a) the Integrity Commissioner; and
                    (b) either:
                             (i) if the information or
the document referred to in subsection (1) is in the possession of a law
enforcement agency—the head of the law enforcement agency; or
                            (ii) if the information or
the document referred to in subsection (1) is in the possession of a
person—the person.
150Â
Integrity Commissioner’s access to section 149 certified information
            (1) If:
                    (a) the head of a law enforcement
agency would, but for this subsection, be required under section 20, 21,
32 or 46 to give the Integrity Commissioner information or a document; and
                    (b) the information is, or the
document contains, section 149 certified information;
the head of the agency must not give the Integrity
Commissioner the information or document if doing so would contravene the
certificate issued under section 149.
            (2) If:
                    (a) a person is requested under
Division 1 of Part 9:
                             (i) to give Integrity Commissioner
information; or
                            (ii) to produce a document
to the Integrity Commissioner; and
                    (b) the information is, or the
document contains, section 149 certified information;
the person must not comply with the request if doing so
would contravene the certificate issued under section 149.
            (3) If:
                    (a) a person is served with a summons
to attend a hearing under Division 2 of Part 9; and
                    (b) at the hearing the person is
required to:
                             (i) give information; or
                            (ii) produce a document;
and
                    (c) the information is, or the
document contains, section 149 certified information;
the person must not comply with the requirement if doing
so would contravene the certificate issued under section 149.
151Â
Giving another agency section 149 certified information
                  If:
                    (a) the head of a law enforcement
agency (the first agency) would, but for this subsection, be
required under section 46 to give the head of another government agency
(the second agency) information or a document; and
                    (b) the information is, or the document
contains, section 149 certified information;
the head of the first agency must not give the information
or document to the head of the second agency if doing so would contravene the
certificate issued under section 149.
152Â
Integrity Commissioner giving section 149 certified information to agency
head or special investigator
                  If:
                    (a) either:
                             (i) the Integrity
Commissioner would, but for this section, be required or allowed under
subsection 29(2) or section 44, 50 or 70 to give information or a document
to the head of a government agency; or
                            (ii) the Integrity
Commissioner would, but for this section, be required under subsection 156(6)
or (9) to give information or a document to a special investigator; and
                    (b) the information is, or the
document contains, section 149 certified information;
the Integrity Commissioner must not give the information
or document to the head of the agency, or to the special investigator, if doing
so would contravene the certificate issued under section 149.
Part 12—Dealing with ACLEI corruption issues
Division 1—Referring ACLEI corruption issues to Minister
153Â
Integrity Commissioner and ACLEI staff notifying Minister of ACLEI corruption
issues
            (1) If the Integrity Commissioner becomes
aware of an ACLEI corruption issue that relates to the conduct of another
person who is, or has been, a staff member of ACLEI, the Integrity Commissioner
must, as soon as practicable after becoming aware of the issue notify the
Minister of the issue in writing.
Note 1:Â Â Â Â Â Â Failure to notify the Minister is an offence
under subsection 174(1).
Note 2:Â Â Â Â Â Â Staff members of ACLEI have an obligation to
notify the Integrity Commissioner of ACLEI corruption issues: see subsection
174(5).
            (2) If a staff member of ACLEI (other than
the Integrity Commissioner) becomes aware of an ACLEI corruption issue that
relates to the conduct of the person who is the Integrity Commissioner, the
staff member must, as soon as practicable after becoming aware of the issue,
notify the Minister of the issue in writing.
Note:Â Â Â Â Â Â Â Â Â Failure to notify the Minister is an offence
under subsection 174(3).
            (3) A notification given under this section
is not a legislative instrument.
154Â
Referral of ACLEI corruption issues by other persons
            (1) A person (other than a staff member of
ACLEI) may refer to the Minister an allegation, or information, that raises an
ACLEI corruption issue.
            (2) Without limiting subsection (1):
                    (a) the person may refer the
allegation or information anonymously; and
                    (b) the person may refer the
allegation or information either orally or in writing.
            (3) If the person refers the allegation or
information orally, the Minister may require the person to put the allegation
or information in writing.
            (4) If the person is asked to put the
allegation or information in writing, the Minister may refuse to deal with the
ACLEI corruption issue raised by the allegation or information until the
allegation or the information is put in writing.
            (5) Nothing in this section limits a person’s
right to make a complaint to the Ombudsman in relation to action taken by
the Integrity Commissioner or a staff member of ACLEI.
155Â
Person may elect to be kept informed
            (1) If a person refers an allegation or
information to the Minister under section 154, the Minister must ask the
person to elect whether or not to be kept informed of the action taken in
relation to the ACLEI corruption issue raised by the allegation or information.
            (2) Subsection (1) does not apply if the
person refers the allegation or information anonymously.
            (3) If the person fails to make an election
when asked to do so, the person is taken to have elected not to be kept
informed of the action taken in relation to the ACLEI corruption issue.
            (4) If the person elects to be kept informed
of the action taken in relation to the ACLEI corruption issue, the person may
revoke the election at any time by notice to:
                    (a) the Minister; or
                    (b) the person conducting the
investigation of the issue.
Division 2—How Minister deals with ACLEI corruption issues
156Â
How Minister may deal with ACLEI corruption issues
Application of section
            (1) This section applies if:
                    (a) the Integrity Commissioner, or
another staff member of ACLEI, notifies the Minister of an ACLEI corruption
issue under section 153; or
                    (b) a person refers an allegation, or
information, that raises an ACLEI corruption issue to the Minister under
section 154; or
                    (c) the Minister otherwise becomes
aware of an ACLEI corruption issue.
How Minister may deal with ACLEI corruption issue
            (2) The Minister may:
                    (a) refer the ACLEI corruption issue
to the Integrity Commissioner for investigation under Division 3; or
                    (b) authorise a person to conduct a
special investigation of the ACLEI corruption issue under Division 4; or
                    (c) decide to take no further action
in relation to the ACLEI corruption issue.
            (3) The Minister must not refer the ACLEI
corruption issue to the Integrity Commissioner for investigation under Division 3
if the ACLEI corruption issue relates to the conduct of a person who is a
member of the staff referred to in section 197 (persons appointed or
employed under the Public Service Act 1999).
            (4) The Minister may, at any time, reconsider
how the ACLEI corruption issue should be dealt with.
            (5) If the Minister decides:
                    (a) to authorises a person under paragraph (2)(b)
to conduct a special investigation of the ACLEI corruption issue under Division 4;
or
                    (b) to take no further action in
relation to the ACLEI corruption issue;
the Minister must notify the Integrity Commissioner of the
decision.
Integrity Commissioner to pass on information and
documents to special investigator
            (6) The Integrity Commissioner must, as soon
as practicable after being notified of an authorisation under paragraph (2)(b),
give the person authorised to conduct the special investigation any information
or document that:
                    (a) relates to the ACLEI corruption
issue; and
                    (b) is in the possession, or under the
control, of the Integrity Commissioner.
Note:Â Â Â Â Â Â Â Â Â Under subsection (9), the Integrity
Commissioner has a continuing obligation to pass on information that the
Integrity Commissioner becomes aware of and that relates to the ACLEI
corruption issue.
            (7) Subsection (6) has effect subject to
section 152 (which deals with section 149 certified information).
            (8) The Integrity Commissioner may give the
original or a copy of a document.
            (9) If:
                    (a) the Minister notifies the
Integrity Commissioner that the Minister has authorised a person under paragraph (2)(b)
to conduct a special investigation of an ACLEI corruption issue; and
                    (b) the Integrity Commissioner becomes
aware of information that is relevant to the issue; and
                    (c) the person conducting the
investigation does not already have the information;
the Integrity Commissioner must give the information to
the person.
          (10) Subsection (9) has effect subject to
section 152 (which deals with section 149 certified information).
157Â
Qualification to conduct special investigation
                  The Minister must not authorise a person
under paragraph 156(2)(b) to conduct a special investigation under Division 4
unless the person:
                    (a) is enrolled as a legal
practitioner; and
                    (b) has been enrolled as a legal
practitioner for at least 5 years.
158Â
Counsel assisting special investigator
                  The Minister may appoint a legal
practitioner to assist a special investigator as counsel in relation to a
special investigation.
Division 3—Investigation by Integrity Commissioner
159Â
Application of Division
                  This Division applies if the Minister
refers an ACLEI corruption issue to the Integrity Commissioner for investigation
under this Division.
160Â
Investigation and investigative powers
            (1) Subject to subsections (2), (3) and
(4), Division 1 of Part 6 (other than section 49) and Parts 9
and 10 apply in relation to the investigation of the ACLEI corruption issue by
the Integrity Commissioner as if the following substitutions were made:
|
Substitutions to be
made
|
|
Item
|
For a reference to...
|
substitute a reference
to...
|
|
1
|
a corruption issue
|
an ACLEI corruption issue
|
|
2
|
a staff member of a law enforcement agency
|
a staff member of ACLEI
|
|
3
|
a law enforcement agency
|
ACLEI
|
|
4
|
a report under section 54
|
a report under section 162
|
            (2) The provisions referred to in subsection (1)
apply in relation to the investigation with such further modifications as are
specified in the regulations.
            (3) For the purposes of applying section 86
in relation to the investigation of the ACLEI corruption issue by the Integrity
Commissioner, subsection 86(3) applies as if subparagraph 86(3)(c)(i) were
omitted.
            (4) Subsections 144(2), (5) and (6) and 145(2),
(5) and (6) do not apply in relation to the investigation of the ACLEI
corruption issue.
            (5) If the Integrity Commissioner proposes to
take action under section 142 or 143 in relation to the investigation of
the ACLEI corruption issue, the Integrity Commissioner need not consult a
person under subsection 144(3) or (4), or inform a person under subsection
145(3) or (4), if doing so would be likely to prejudice:
                    (a) the investigation of the issue or
another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) If the Integrity Commissioner does not
consult or inform a person because of subsection (5), the Integrity
Commissioner must:
                    (a) inform the Minister that the
person has not been consulted or informed; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not consulting or informing the person.
161Â
Keeping Minister, and person who referred ACLEI corruption issue, informed of
progress of the investigation
            (1) The Integrity Commissioner must take such
steps as the Integrity Commissioner considers reasonable to keep the Minister
informed of the progress of the investigation of the ACLEI corruption issue.
            (2) If:
                    (a) a person refers the allegation, or
information, that raises the ACLEI corruption issue to the Minister under
section 154; and
                    (b) the Integrity Commissioner
investigates the issue; and
                    (c) the person elects under section 155
to be kept informed of the action taken in relation to the issue and has not
revoked the election;
the Integrity Commissioner must take such steps as the
Integrity Commissioner considers reasonable to keep the person informed of the
progress of the investigation of the issue.
162Â
Report on investigation
Report and its contents
            (1) After completing the investigation of the
ACLEI corruption issue, the Integrity Commissioner must prepare a report on the
investigation.
            (2) The report
must set out:
                    (a) the Integrity Commissioner’s
findings on the ACLEI corruption issue; and
                    (b) the evidence and other material on
which those findings are based; and
                    (c) any action that the Integrity
Commissioner has taken, or proposes to take, in relation to the issue.
This subsection has effect subject to subsections (4),
(5) and (6).
Note:Â Â Â Â Â Â Â Â Â See section 51 (as applied by section 160)
for the need for the Integrity Commissioner to give certain people an
opportunity to be heard before including critical statements in a report.
            (3) Without limiting paragraph (2)(c),
the action that the Integrity Commissioner may take in relation to the ACLEI
corruption issue includes:
                    (a) taking action in relation to a
staff member of ACLEI with a view to the staff member improving his or her
performance; or
                    (b) terminating:
                             (i) the secondment to
ACLEI; or
                            (ii) the engagement as
consultant to ACLEI;
                           of a staff member of ACLEI; or
                    (c) taking action to rectify or
mitigate the effects of the conduct of a staff member of ACLEI; or
                    (d) adopting measures to remedy
deficiencies in policy or practice that facilitated:
                             (i) an unsuitable person
becoming a staff member of ACLEI; or
                            (ii) a staff member of
ACLEI engaging in corrupt conduct; or
                           (iii) the failure to detect
corrupt conduct engaged in by a staff member of ACLEI.
Section 149 certified information and sensitive
information
            (4) The Integrity Commissioner must exclude
section 149 certified information from the report if one or more public
hearings were held in the investigation to which the report relates.
Note:Â Â Â Â Â Â Â Â Â Under section 203, the report must be
laid before each House of the Parliament.
            (5) The Integrity Commissioner may exclude
information from the report if the Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information or section 149 certified information; and
                    (b) it is desirable in the circumstances
to exclude the information from the report.
            (6) In deciding whether to exclude
information from the report prepared under subsection (5), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the report; and
                    (b) the prejudicial consequences that
might result from including the information in the report.
Supplementary report
            (7) If the Integrity Commissioner excludes
information from a report prepared under subsection (4) or (5), the
Integrity Commissioner must prepare a supplementary report that sets out:
                    (a) the information; and
                    (b) the reasons for excluding the
information from the report prepared under subsection (4) or (5).
163Â
Integrity Commissioner to give report to Minister
                  The Integrity Commissioner must give the
Minister:
                    (a) the report prepared under
subsection 162(1); and
                    (b) if a supplementary report is
prepared under subsection 162(7) in relation to the investigation—the supplementary
report.
Note:Â Â Â Â Â Â Â Â Â Section 203 provides that the Minister
must lay a copy of the report prepared under subsection 162(1) before each
House of the Parliament if a public hearing has been held in the course of the
investigation to which the report relates. The Minister is not required,
however, to lay a copy of a supplementary report under subsection 162(7) before
each House of the Parliament.
164Â
Advising person who referred allegation or information about the outcome of the
investigation
            (1) If a person:
                    (a) refers an allegation, or
information, that raises an ACLEI corruption issue under section 154; and
                    (b) elects under section 155 to
be kept informed of the action taken in relation to the ACLEI corruption issue
and has not revoked the election;
the Integrity Commissioner must advise the person who
referred the allegation or information of the outcome of the investigation of
the ACLEI corruption issue.
            (2) However, the Integrity Commissioner need
not advise the person if the Integrity Commissioner is satisfied that doing so
is likely to prejudice:
                    (a) the investigation of the ACLEI
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (3) If the Integrity Commissioner advises the
person who referred the allegation or information that raises the ACLEI
corruption issue, the Integrity Commissioner may do so by giving the person a
copy of the whole or a part of the report prepared in relation to the
investigation under subsection 162(1).
            (4) The Integrity Commissioner:
                    (a) must not disclose section 149
certified information to the person if the disclosure of the information to the
person would be contravene the certificate issued under section 149; and
                    (b) may exclude information from the
advice if the Integrity Commissioner is satisfied that:
                             (i) the information is
sensitive information; and
                            (ii) it is desirable in the
circumstances to exclude the information from the advice.
            (5) In deciding whether to exclude
information from the advice under paragraph (4)(b), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the person’s interest in having
the information included in the advice; and
                    (b) the prejudicial consequences that might
result from including the information in the advice.
165Â
Advising person whose conduct is investigated of outcome of the investigation
            (1) If the Integrity Commissioner
investigates an ACLEI corruption issue that relates to a person who is, or has been,
a staff member of ACLEI, the Integrity Commissioner may advise the person of
the outcome of the investigation.
            (2) Without limiting subsection (1), the
Integrity Commissioner may advise the person by giving the person a copy of the
whole or a part of the report prepared in relation to the investigation under
subsection 162(1).
            (3) If the Integrity Commissioner advises the
person, the Integrity Commissioner:
                    (a) must not disclose section 149
certified information to the person if the disclosure of the information to the
person would contravene the certificate issued under section 149; and
                    (b) may exclude information from the
advice if the Integrity Commissioner is satisfied that:
                             (i) the information is
sensitive information; and
                            (ii) it is desirable in the
circumstances to exclude the information from the advice.
            (4) In deciding whether to exclude
information from the advice under paragraph (3)(b), the Integrity
Commissioner must seek to achieve an appropriate balance between:
                    (a) the person’s interest in having
the information included in the advice; and
                    (b) the prejudicial consequences that
might result from including the information in the advice.
Division 4—Special investigations
166Â
Application of Part
                  This Part applies if the Minister authorises
a person (the special investigator) to conduct a special
investigation of an ACLEI corruption issue under this Division.
167Â
Investigation and investigative powers
            (1) Subject to subsections (2), (3) and
(4), Division 1 of Part 6 (other than section 49) and Parts 9
and 10 apply in relation to the investigation of the ACLEI corruption issue by
the special investigator as if the following substitutions were made:
|
Substitutions to be
made
|
|
Item
|
For a reference to...
|
substitute a reference
to...
|
|
1
|
the Integrity Commissioner
|
a special investigator
|
|
2
|
a corruption issue
|
an ACLEI corruption issue
|
|
3
|
a staff member of a law enforcement agency
|
a staff member of ACLEI
|
|
4
|
a law enforcement agency
|
ACLEI
|
|
5
|
a report under section 54
|
a report under section 169
|
            (2) The provisions referred to in subsection (1)
apply in relation to the investigation with such further modifications as are
specified in the regulations.
            (3) For the purposes of applying section 86
in relation to the investigation of the ACLEI corruption issue by the special
investigator, subsection 86(3) applies as if subparagraph 86(3)(c)(i) were
omitted.
            (4) Subsections 144(2), (5) and (6) and
145(2), (5) and (6) do not apply to the investigation of the ACLEI corruption
issue by the special investigator.
            (5) If the special investigator proposes to
take action under section 142 or 143 in relation to the investigation of
the ACLEI corruption issue, the special investigator need not consult a person
under subsection 142(3) or (4), or inform a person under subsection 145(3) or
(4), if doing so would be likely to prejudice:
                    (a) the investigation of the ACLEI
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (6) If a special investigator does not
consult or inform a person because of subsection (5), the special
investigator must:
                    (a) inform the Minister that the
person has not been consulted or informed; and
                    (b) give the Minister the Integrity
Commissioner’s reasons for not consulting or informing the person.
168Â
Keeping Minister, and person who referred ACLEI corruption issue, informed of
progress of the investigation
            (1) The special investigator must take such
steps as the special investigator considers reasonable to keep the Minister
informed of the progress of the special investigation of the ACLEI corruption
issue.
            (2) If:
                    (a) a person refers to the Minister an
allegation, or information, that raises an ACLEI corruption issue under section 154;
and
                    (b) a special investigator
investigates the issue; and
                    (c) the person elects under section 155
to be kept informed of the action taken in relation to the issue and has not
revoked the election;
the special investigator must take such steps as the
special investigator considers reasonable to keep the person informed of the
progress of the investigation of the issue.
169Â
Report on investigation
Report and its contents
            (1) After completing the special
investigation of the ACLEI corruption issue, the special investigator must
prepare a report on the special investigation.
            (2) The report
must set out:
                    (a) the special investigator’s
findings on the ACLEI corruption issue; and
                    (b) the evidence and other material on
which those findings are based; and
                    (c) any recommendations to the
Minister or Integrity Commissioner that the special investigator thinks fit to
make and, if recommendations are made, the reasons for those recommendations.
This subsection has effect subject to subsections (4),
(5) and (6).
Note:Â Â Â Â Â Â Â Â Â See section 51 (as applied by section 167)
for the need for the special investigator to give certain people an opportunity
to be heard before including critical statements in a report.
            (3) Without limiting paragraph (2)(c),
the special investigator may recommend that the Integrity Commissioner
consider:
                    (a) taking action in relation to a
staff member of ACLEI with a view to the staff member improving his or her
performance; or
                    (b) terminating the employment, or the
secondment to ACLEI, of a staff member of ACLEI; or
                    (c) taking action to rectify or
mitigate the effects of the conduct of a staff member of ACLEI; or
                    (d) adopting measures to remedy
deficiencies in policy or practice that facilitated:
                             (i) an unsuitable person
becoming a staff member of ACLEI; or
                            (ii) a staff member of
ACLEI engaging in corrupt conduct; or
                           (iii) the failure to detect
corrupt conduct engaged in by a staff member of ACLEI.
Section 149 certified information and sensitive
information
            (4) The special investigator must exclude section 149
certified information from the report if one or more public hearings were held
in relation to the investigation to which the report relates.
Note:Â Â Â Â Â Â Â Â Â Under section 203, the report must be
laid before each House of the Parliament.
            (5) The special investigator may exclude
information from the report if the special investigator is satisfied that:
                    (a) the information is sensitive
information or section 149 certified information; and
                    (b) it is desirable in the
circumstances to exclude the information from the report.
            (6) In deciding whether to exclude
information from the report prepared under subsection (5), the special
investigator must seek to achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the report; and
                    (b) the prejudicial consequences that
might result from including the information in the report.
Supplementary report
            (7) If the special investigator excludes
information from a report prepared under subsection (4) or (5), the special
investigator must prepare a supplementary report that sets out:
                    (a) the information; or
                    (b) the reasons for excluding the
information from the report prepared under subsection (4) or (5).
170Â
Special investigator to give report to Minister
            (1) The special investigator must give the
Minister:
                    (a) the report prepared under
subsection 169(1); and
                    (b) if a supplementary report is
prepared under subsection 169(7) in relation to the investigation—the
supplementary report.
Note:Â Â Â Â Â Â Â Â Â Section 203 provides that the Minister
must lay a copy of the report prepared under subsection 169(1) before each
House of the Parliament if a public hearing has been held in the course of the
investigation to which the report relates. The Minister is not required,
however, to lay a copy of a supplementary report under subsection 169(7) before
each House of the Parliament.
            (2) The Minister must give a copy of the
report, and the supplementary report (if any), to the Integrity Commissioner.
171Â
Minister may direct Integrity Commissioner to consider taking action
Minister may give direction to Integrity Commissioner
            (1) If:
                    (a) the Minister authorises a person
under paragraph 156(2)(b) to conduct a special investigation of the ACLEI
corruption issue under Division 4; and
                    (b) the person gives the Minister the
report prepared under section 169 in relation to the special
investigation;
the Minister may direct the Integrity Commissioner:
                    (c) to consider whether action should
be taken to terminate the appointment, or the secondment to ACLEI, of a person
referred to in the report; or
                    (d) to consider whether disciplinary
proceedings should be taken against a person referred to in the report.
            (2) The Integrity Commissioner must comply
with a direction under subsection (1).
            (3) If the direction under subsection (1)
relates to a member of the staff referred to in section 197 (persons
appointed or employed under the Public Service Act 1999), the Integrity
Commissioner must, in giving effect to the direction, also comply with:
                    (a) section 15 of the Public
Service Act 1999; and
                    (b) regulations made for the purposes
of that section; and
                    (c) procedures established and
directions given under that section.
Direction is not a legislative instrument
            (4) A direction given to the Integrity Commissioner
under subsection (1) is not a legislative instrument.
172Â
Advising person who referred allegation or information about the outcome of the
investigation
            (1) If a person:
                    (a) refers an allegation, or
information, that raises an ACLEI corruption issue under section 154; and
                    (b) the person elects under section 155
to be kept informed of the action taken in relation to the ACLEI corruption
issue and has not revoked the election;
the special investigator must advise the person of the
outcome of the special investigation.
            (2) However, the special investigator need
not advise the person if the special investigator is satisfied that doing so is
likely to prejudice:
                    (a) the investigation of the ACLEI
corruption issue or another corruption investigation; or
                    (b) any action taken as a result of an
investigation referred to in paragraph (a).
            (3) If the special investigator advises the
person, the special investigator may do so by giving the person a copy of the
whole or a part of the report prepared in relation to the special investigation
under subsection 169(1).
            (4) The special investigator:
                    (a) must not disclose section 149
certified information to the person if the disclosure of the information to the
person would contravene the certificate issued under section 149; and
                    (b) may exclude information from the
advice if the special investigator is satisfied that:
                             (i) the information is
sensitive information; and
                            (ii) it is desirable in the
circumstances to exclude the information from the advice.
            (5) In deciding whether to exclude
information from the advice under paragraph (4)(b), the special
investigator must seek to achieve an appropriate balance between:
                    (a) the person’s interest in having
the information included in the advice; and
                    (b) the prejudicial consequences that
might result from including the information in the advice.
173Â
Advising person whose conduct is investigated of outcome of the investigation
            (1) If a special investigator investigates an
ACLEI corruption issue that relates to a person who is, or has been, a staff
member of ACLEI, the special investigator may advise the person of the outcome
of the special investigation.
            (2) Without limiting subsection (1), a
special investigator may advise the person by giving the person a copy of the
whole or a part of the report prepared in relation to the special investigation
under subsection 169(1).
            (3) If a special investigator advises the
person, the special investigator:
                    (a) must not disclose section 149
certified information to the person if the disclosure of the information to the
person would contravene the certificate issued under section 149; and
                    (b) may exclude information from the
advice if the special investigator is satisfied that:
                             (i) the information is
sensitive information; and
                            (ii) it is desirable in the
circumstances to exclude the information from the advice.
            (4) In deciding whether to exclude
information from the advice under paragraph (3)(b), the special
investigator must seek to achieve an appropriate balance between:
                    (a) the person’s interest in having
the information included in the advice; and
                    (b) the prejudicial consequences that
might result from including the information in the advice.
Division 5—Staff members of ACLEI to report corrupt conduct
174Â
Staff members of ACLEI to report corrupt conduct
            (1) The Integrity Commissioner commits an
offence if the Integrity Commissioner:
                    (a) becomes aware of an ACLEI
corruption issue that relates to the conduct of a person who is, or has been, a
staff member of ACLEI (other than the Integrity Commissioner himself or
herself); and
                    (b) does not, as soon as practicable
after becoming aware of the ACLEI corruption issue, notify the Minister of the
issue in writing.
Penalty:Â Imprisonment for 6 months.
            (2) Subsection (1) does not apply if the
Integrity Commissioner has reasonable grounds to believe that the Minister has
already been notified of the ACLEI corruption issue.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal
Code.
            (3) A person commits an offence if the
person:
                    (a) is a staff member of ACLEI (other
than the Integrity Commissioner); and
                    (b) becomes aware of an ACLEI
corruption issue that relates to the conduct of the person who is the Integrity
Commissioner; and
                    (c) does not, as soon as practicable
after becoming aware of the ACLEI corruption issue, notify the Minister of the
issue in writing.
Penalty:Â Imprisonment for 6 months.
            (4) Subsection (3) does not apply if the
person has reasonable grounds to believe that the Minister has already been
notified of the ACLEI corruption issue.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal
Code.
            (5) A person (the first person)
commits an offence if the first person:
                    (a) is a staff member of ACLEI (other
than the Integrity Commissioner); and
                    (b) becomes aware of an ACLEI
corruption issue that relates to the conduct of another person who is, or has
been, a staff member of ACLEI (other than the person who is the Integrity
Commissioner); and
                    (c) does not, as soon as practicable
after becoming aware of the ACLEI corruption issue, notify the Integrity
Commissioner of the issue in writing.
Penalty:Â Imprisonment for 6 months.
            (6) Subsection (5) does not apply if the
person has reasonable grounds to believe that the Integrity Commissioner, has
already been notified of the ACLEI corruption issue.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matters in subsection (6): see subsection 13.3(3) of the Criminal
Code.
            (7) A notification given under this section
is not a legislative instrument.
Part 13—Administrative provisions
Division 1—Appointment etc. of Integrity Commissioner
175Â
Appointment of Integrity Commissioner
Appointment by Governor‑General
            (1) The Integrity Commissioner is to be
appointed by the Governor‑General by written instrument.
Integrity Commissioner to be judge or legal
practitioner
            (2) A person must not be appointed as the
Integrity Commissioner unless he or she:
                    (a) is a Judge; or
                    (b) is enrolled as a legal
practitioner and has been enrolled as a legal practitioner for at least 5
years.
Note:Â Â Â Â Â Â Â Â Â The Integrity Commissioner can be re‑appointed
under this section: see subsection 33(4A) of the Acts Interpretation Act
1901.
Period of appointment
            (3) The Integrity Commissioner holds office
for the period specified in the instrument of appointment. The period must not
exceed 5 years. The sum of the periods for which the Integrity Commissioner
holds office must not exceed 5 years.
Full‑time appointment
            (4) The Integrity Commissioner is to be
appointed on a full‑time basis.
Arrangement with Governor of State or Administrator of
Territory
            (5) The Governor‑General may, for the
purpose of appointing to the office of the Integrity Commissioner a person who
is the holder of a judicial office of a State or Territory, enter into such
arrangement with the Governor of that State or the Administrator of that
Territory, as the case may be, as is necessary to secure that person’s
services.
            (6) An arrangement under subsection (5)
may provide for the Commonwealth to reimburse a State or Territory with respect
to the services of the person to whom the arrangement relates.
Definition of Judge
            (7) In this section:
Judge means:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Judge of the Supreme Court of a
State or Territory.
176Â
Judge may be appointed as Integrity Commissioner
Application of section
            (1) This section applies if a person
appointed as the Integrity Commissioner is a Judge.
Effect of ceasing to be Judge
            (2) The person ceases to hold office as the
Integrity Commissioner if he or she is no longer a Judge.
Judge’s privileges as holder of a judicial office
unaffected
            (3) The appointment of the Judge as the
Integrity Commissioner and the Judge’s service as the Integrity Commissioner
does not affect:
                    (a) his or her tenure of judicial
office; or
                    (b) the Judge’s rank, title, status,
precedence, salary or annual allowances or other judicial privileges as the
holder of that judicial office.
            (4) For all purposes, the Judge’s service as
the Integrity Commissioner is taken to be service as the holder of his or her
judicial office.
Definition of Judge
            (5) In this section:
Judge means:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Judge of the Supreme Court of a
State or Territory.
177Â
Acting appointment
            (1) The Minister may appoint a person to act
as the Integrity Commissioner:
                    (a) during a vacancy in the office of
Integrity Commissioner (whether or not an appointment has previously been made
to the office); or
                    (b) during any period, or during all
periods, when the Integrity Commissioner is absent from duty or from Australia,
or is, for any reason, unable to perform the duties of the office.
Note:Â Â Â Â Â Â Â Â Â See also section 33A of the Acts
Interpretation Act 1901, which contains extra rules about acting
appointments.
            (2) A person may only be appointed as the
acting Integrity Commissioner if he or she:
                    (a) is enrolled as a legal
practitioner; and
                    (b) has been enrolled as a legal
practitioner for at least 5 years.
            (3) Anything done by or in relation to a
person purporting to act under an appointment is not invalid merely because:
                    (a) the occasion for the appointment
had not arisen; or
                    (b) there was a defect or irregularity
in connection with the appointment; or
                    (c) the appointment had ceased to have
effect; or
                    (d) the occasion to act had not arisen
or had ceased.
178Â
Remuneration
            (1) The Integrity Commissioner is to be paid
the remuneration that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation, the
Integrity Commissioner is to be paid the remuneration that is prescribed by the
regulations.
            (2) The Integrity Commissioner is to be paid
the allowances that are prescribed by the regulations.
            (3) Subsections (1) and (2) have effect
subject to the Remuneration Tribunal Act 1973.
            (4) If a person who is a Judge is appointed
as Integrity Commissioner, the person is not, while receiving salary or annual
allowance as a Judge, entitled to remuneration under this Act.
179Â
Leave
            (1) The Integrity Commissioner has the
recreation leave entitlements that are determined by the Remuneration Tribunal.
            (2) The Minister may grant the Integrity
Commissioner leave of absence, other than recreation leave, on the terms and
conditions as to remuneration or otherwise that the Minister determines.
180Â
Outside employment
                  The Integrity Commissioner must not
engage in paid employment outside the duties of his or her office without the
Minister’s consent.
181Â
Other terms and conditions
                  A person holding office as Integrity
Commissioner, other than a person who is a Judge, holds office on the terms and
conditions (if any) in relation to matters not provided for by this Act as are
determined by the Governor‑General.
182Â
Resignation
                  The Integrity Commissioner may resign
his or her appointment by giving the Governor‑General a written
resignation.
183Â
Termination of employment
            (1) The Governor‑General may terminate
the appointment of the Integrity Commissioner by reason of misbehaviour or
physical or mental incapacity.
            (2) The Governor‑General must terminate
the appointment of the Integrity Commissioner if:
                    (a) the Integrity Commissioner becomes
bankrupt, applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors, compounds with creditors or makes an assignment of
remuneration for their benefit; or
                    (b) the Integrity Commissioner is
absent from duty, except on leave, for 14 consecutive days or for 28 days in
any period of 12 months; or
                    (c) the Integrity Commissioner
engages, except with the Minister’s consent, in paid employment outside the
duties of his or her office; or
                    (d) the Integrity Commissioner fails
to comply with section 184.
            (3) A reference in subsections (1) and
(2) to a person holding office as Integrity Commissioner does not include a
reference to a person who is a Judge.
184Â
Disclosure of interests
                  The Integrity Commissioner must give
written notice to the Minister of all interests (financial or otherwise) that
the Integrity Commissioner has or acquires and that could conflict with the
proper performance of the Integrity Commissioner’s functions.
Division 2—Appointment etc. of Assistant Integrity Commissioners
185Â
Appointment of Assistant Integrity Commissioners
Appointment by Governor‑General
            (1) An Assistant Integrity Commissioner is to
be appointed by the Governor‑General by written instrument.
Assistant Integrity Commissioner to be judge or legal
practitioner
            (2) A person must not be appointed as an
Assistant Integrity Commissioner unless he or she:
                    (a) is a Judge; or
                    (b) is enrolled as a legal
practitioner and has been enrolled as a legal practitioner for at least 5
years.
Period of appointment
            (3) An Assistant Integrity Commissioner holds
office for the period specified in the instrument of appointment. The period
must not exceed 5 years. The sum of the periods for which a person holds office
as an Assistant Integrity Commissioner must not exceed 5 years.
Full‑time or part‑time appointment
            (4) An Assistant Integrity Commissioner may
be appointed on either a full‑time or part‑time basis.
            (5) However, a Judge may only be appointed as
an Assistant Integrity Commissioner on a full‑time basis.
Arrangement with Governor of State or Administrator of
Territory
            (6) The Governor‑General may, for the
purpose of appointing to the office of an Assistant Integrity Commissioner a
person who is the holder of a judicial office of a State or Territory, enter into
such arrangement with the Governor of that State or the Administrator of that
Territory, as the case may be, as is necessary to secure that person’s
services.
            (7) An arrangement under subsection (6)
may provide for the Commonwealth to reimburse a State or Territory with respect
to the services of the person to whom the arrangement relates.
Definition of Judge
            (8) In this section:
Judge means:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Judge of the Supreme Court of a
State or Territory.
186Â
Judge may be appointed as an Assistant Integrity Commissioner
Application of section
            (1) This section applies if a person
appointed as an Assistant Integrity Commissioner is a Judge.
Effect of ceasing to be Judge
            (2) The person ceases to hold office as an
Assistant Integrity Commissioner if he or she is no longer a Judge.
Judge’s privileges as holder of a judicial office
unaffected
            (3) The appointment of the Judge as an
Assistant Integrity Commissioner and the Judge’s service as an Assistant Integrity
Commissioner does not affect:
                    (a) his or her tenure of judicial
office; or
                    (b) the Judge’s rank, title, status,
precedence, salary or annual allowances or other judicial privileges as the
holder of that judicial office.
            (4) For all purposes, the Judge’s service as
an Assistant Integrity Commissioner is taken to be service as the holder of his
or her judicial office.
Definition of Judge
            (5) In this
section:
Judge means:
                    (a) a Judge of the Federal Court of
Australia; or
                    (b) a Judge of the Supreme Court of a
State or Territory.
187Â
Acting appointments
            (1) The Minister may appoint a person to act
as an Assistant Integrity Commissioner:
                    (a) during a vacancy in the office of
the Assistant Integrity Commissioner (whether or not an appointment has previously
been made to the office); or
                    (b) during any period, or during all
periods, when the Assistant Integrity Commissioner is absent from duty or from
Australia, or is, for any reason, unable to perform the duties of the office.
Note:Â Â Â Â Â Â Â Â Â See also section 33A of the Acts
Interpretation Act 1901, which contains extra rules about acting
appointments.
            (2) A person may only be appointed as the
acting Integrity Commissioner if he or she:
                    (a) is enrolled as a legal
practitioner; and
                    (b) has been enrolled as a legal
practitioner for at least 5 years.
            (3) Anything done by or in relation to a
person purporting to act under an appointment is not invalid merely because:
                    (a) the occasion for the appointment
had not arisen; or
                    (b) there was a defect or irregularity
in connection with the appointment; or
                    (c) the appointment had ceased to have
effect; or
                    (d) the occasion to act had not arisen
or had ceased.
188Â
Remuneration
            (1) An Assistant Integrity Commissioner is to
be paid the remuneration that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation, an
Assistant Integrity Commissioner is to be paid the remuneration that is
prescribed by the regulations.
            (2) An Assistant Integrity Commissioner is to
be paid the allowances that are prescribed by the regulations.
            (3) Subsections (1) and (2) have effect
subject to the Remuneration Tribunal Act 1973.
            (4) If a person who is a Judge is appointed
as an Assistant Integrity Commissioner, the person is not, while receiving
salary or annual allowance as a Judge, entitled to remuneration under this Act.
189Â
Leave
            (1) A full‑time Assistant Integrity
Commissioner has the recreation leave entitlements that are determined by the
Remuneration Tribunal.
            (2) The Minister may grant a full‑time
Assistant Integrity Commissioner leave of absence, other than recreation leave,
on the terms and conditions as to remuneration or otherwise that the Minister
determines.
            (3) The Integrity Commissioner may grant
leave of absence to any part‑time Assistant Integrity Commissioner on the
terms and conditions that the Integrity Commissioner determines.
190Â
Outside employment
            (1) A full‑time Assistant Integrity
Commissioner must not engage in paid employment outside the duties of his or
her office without the Minister’s consent.
            (2) A part‑time Assistant Integrity
Commissioner must not engage in paid employment that, in the Minister’s
opinion, conflicts or could conflict with the proper performance of the
Assistant Integrity Commissioner’s duties.
191Â
Other terms and conditions
                  A person holding office as an Assistant
Integrity Commissioner, other than a person who is a Judge, holds office on the
terms and conditions (if any) in relation to matters not provided for by this
Act as are determined by the Governor‑General.
192Â
Resignation
                  An Assistant Integrity Commissioner may
resign his or her appointment by giving the Governor‑General a written
resignation.
193Â
Termination of employment
All Assistant Integrity Commissioners
            (1) The Governor‑General may terminate
the appointment of an Assistant Integrity Commissioner:
                    (a) for misbehaviour or physical or
mental incapacity; or
                    (b) if the Assistant Integrity
Commissioner:
                             (i) becomes bankrupt; or
                            (ii) applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors; or
                           (iii) compounds with
creditors; or
                           (iv) makes an assignment of
remuneration for their benefit; or
                    (c) if the Assistant Integrity
Commissioner fails to comply with section 194.
Additional grounds (full‑time Assistant Integrity
Commissioners)
            (2) The Governor‑General may terminate
the appointment of a full‑time Assistant Integrity Commissioner, if:
                    (a) the Assistant Integrity
Commissioner is absent from duty, except on leave, for 14 consecutive days or
for 28 days in any period of 12 months; or
                    (b) the Assistant Integrity
Commissioner engages, except with the Minister’s consent, in paid employment
outside the duties of his or her office.
Additional grounds (part‑time Assistant Integrity
Commissioners)
            (3) The Governor‑General may terminate
the appointment of a part‑time Assistant Integrity Commissioner, if the
Assistant Integrity Commissioner engages, except with the Minister’s approval,
in paid employment that conflicts or could conflict with the proper performance
of the duties of his or her office.
            (4) A reference in subsections (1) and
(2) to a person holding office as an Assistant Integrity Commissioner does not
include a reference to a person who is a Judge.
194Â
Disclosure of interests
                  An Assistant Integrity Commissioner must
give written notice to the Minister of all interests (financial or otherwise)
that the Assistant Integrity Commissioner has or acquires and that could
conflict with the proper performance of the Assistant Integrity Commissioner’s
duties.
Division 3—The Australian Commission for Law Enforcement Integrity
195Â
Establishment
            (1) The Australian Commission for Law
Enforcement Integrity (ACLEI) is established by this section.
            (2) ACLEI consists of the Integrity Commissioner,
any Assistant Integrity Commissioner and the staff referred to in section 197.
196Â
Function
                  The function of ACLEI is to assist the
Integrity Commissioner in performing the Integrity Commissioner’s functions.
Note:Â Â Â Â Â Â Â Â Â See section 15 for the functions of the
Integrity Commissioner.
197Â
Staff
            (1) The staff of ACLEI are to be persons
appointed or employed under the Public Service Act 1999.
            (2) For the purposes of the Public Service
Act 1999:
                    (a) the Integrity Commissioner and the
APS employees assisting the Integrity Commissioner together constitute a
Statutory Agency; and
                    (b) the Integrity Commissioner is the
Head of that Statutory Agency.
198Â
Engagement of consultants
            (1) The Integrity Commissioner may engage
persons having suitable qualifications and experience as consultants to ACLEI.
            (2) A person may only be engaged for a period
of up to 2 years. However, a person’s contract may be extended beyond 2 years
for the sole purpose of completing a particular task or project begun in the
initial 2 year period.
            (3) Other terms and conditions of appointment
are to be determined by the Integrity Commissioner.
199Â
Secondment of persons to assist Integrity Commissioner
Police officers
            (1) The Integrity Commissioner may make an
arrangement with:
                    (a) the Commissioner of the AFP; or
                    (b) the head (however described) of
the police force of:
                             (i) a State or Territory;
or
                            (ii) a foreign country;
under which the AFP or the police force may make its
members available to the Integrity Commissioner to perform services in
connection with the performance or exercise of any of the Integrity
Commissioner’s functions or powers.
Officers and employees
            (2) The Integrity Commissioner may make an
arrangement with:
                    (a) the Agency Head (within the
meaning of the Public Service Act 1999) of a Commonwealth government
agency (other than the AFP); or
                    (b) the head of an integrity agency
for a State or Territory; or
                    (c) the head of an overseas government
agency that has similar functions to an integrity agency for a State or Territory;
under which the agency concerned may make its officers or
employees available to the Integrity Commissioner to perform services in
connection with the performance or exercise of any of the Integrity
Commissioner’s functions or powers.
            (3) A person made available under an
arrangement under subsection (1) or (2) may only be engaged for a period
of up to 2 years. However, a person’s engagement may be extended beyond 2 years
for the sole purpose of completing a particular task or project begun in the
initial 2 year period.
            (4) An arrangement under subsection (1)
or (2) may provide for the Commonwealth to reimburse a State or Territory, or
the government of a foreign country, with respect to the services of a person
or persons to whom the arrangement relates.
200Â
Counsel assisting Integrity Commissioner
                  The Integrity Commissioner may appoint a
legal practitioner to assist the Integrity Commissioner as counsel:
                    (a) generally; or
                    (b) in relation to a particular
investigation of a corruption issue or ACLEI corruption issue; or
                    (c) in relation to a public inquiry.
Division 4—Public reporting
201Â
Annual report
            (1) The Integrity Commissioner must give the
Minister, for presentation to the Parliament, a report (the annual report)
on the performance of the Integrity Commissioner’s functions during each
financial year.
Note:Â Â Â Â Â Â Â Â Â See also section 34C of the Acts
Interpretation Act 1901, which contains extra rules about annual reports.
            (2) The annual report for the financial year
must include the following:
                    (a) the prescribed particulars of:
                             (i) corruption issues
notified to the Integrity Commissioner under section 19 during the
financial year; and
                            (ii) corruption issues
raised by allegations or information referred to the Integrity Commissioner
under sections 18 and 23 during that year; and
                           (iii) corruption issues
dealt with by the Integrity Commissioner on his or her own initiative during
that year; and
                           (iv) corruption issues
investigated by the Integrity Commissioner during that year; and
                            (v) corruption issues that
the Integrity Commissioner referred to a government agency for investigation
during that year; and
                           (vi) ACLEI corruption issues
investigated during that year; and
                          (vii) certificates issued
under section 149 during that year;
                    (b) a description of investigations
conducted by the Integrity Commissioner during the financial year that the
Integrity Commissioner considers raise significant issues or developments in
law enforcement;
                    (c) a description, which may include
statistics, of any patterns or trends, and the nature and scope, of corruption
in:
                             (i) law enforcement
agencies; and
                            (ii) other Commonwealth
government agencies that have law enforcement functions;
                           that have come to the Integrity
Commissioner’s attention during that year in the performance of his or her
functions;
                    (d) any recommendations for changes
to:
                             (i) the laws of the
Commonwealth; or
                            (ii) administrative
practices of Commonwealth government agencies;
                           that the Integrity Commissioner,
as a result of performing his or her functions during that year, considers
should be made;
                    (e) the extent to which investigations
by the Integrity Commissioner have resulted in the prosecution in that year of
persons for offences;
                     (f) the extent to which
investigations by the Integrity Commissioner have resulted in confiscation
proceedings in that year;
                    (g) details of the number and results
of:
                             (i) applications made to
the Federal Court or the Federal Magistrates Court under the Administrative
Decisions (Judicial Review) Act 1977 for orders of review in respect of
matters arising under this Act; and
                            (ii) other court
proceedings involving the Integrity Commissioner;
                           being applications and
proceedings that were determined, or otherwise disposed of, during that year.
202Â
Inter‑Governmental Committee comments on annual report
                  If an annual report under section 201
mentions the ACC, the Minister must:
                    (a) give a copy of the annual report
to the Inter‑Governmental Committee; and
                    (b) if the Inter‑Governmental
Committee gives the Minister comments in writing in relation to the annual
report—cause a copy of those comments to be laid before each House of the
Parliament within 15 sitting days of that House after the day on which the
Minister receives those comments.
203Â
Reports on investigations and public inquiries
            (1) If:
                    (a) both:
                             (i) the Integrity
Commissioner gives the Minister a report prepared under subsection 54(1) or
162(1); and
                            (ii) one or more public
hearings were held in the course of the investigation to which the report
relates; or
                    (b) the Integrity Commissioner gives
the Minister a report prepared under subsection 73(1); or
                    (c) both:
                             (i) a special investigator
gives the Minister a report prepared under subsection 169(1); and
                            (ii) one or more public
hearings were held in the course of the special investigation to which the
report relates;
the Minister must cause the report to be laid before each
House of Parliament within 15 sitting days of that House after its receipt by
the Minister.
            (2) Before the report is laid before each
House of Parliament, the Minister must remove information from the report if
the Minister is of the view that its inclusion may:
                    (a) endanger a person’s life or
physical safety; or
                    (b) prejudice proceedings brought as a
result of:
                             (i) a corruption investigation
or public inquiry; or
                            (ii) an investigation of a
corruption issue that the Integrity Commissioner manages or oversees; or
                    (c) compromise operational activities,
or methodologies, of ACLEI or a law enforcement agency.
            (3) To avoid doubt, the Minister is not
required by subsection (1) to cause a supplementary report prepared under
subsection 54(7), 73(6), 162(7) or 169(7) to be laid before each House of
Parliament.
204Â
Special reports
Integrity Commissioner may give Minister special
reports
            (1) The Integrity Commissioner may, from time
to time, give the Minister, for presentation to the Parliament, a special
report on:
                    (a) the operations of the Integrity
Commissioner for a part of a financial year; or
                    (b) any matter relating to, or arising
in connection with, the performance of the Integrity Commissioner’s functions,
or the exercise of the Integrity Commissioner’s powers, under this Act.
            (2) If the Integrity Commissioner gives a
special report to the Minister under subsection (1), the Minister must
cause the report to be laid before each House of the Parliament within 15
sitting days of that House after its receipt by the Minister.
Opinion or finding critical of a government agency or
person
            (3) The Integrity Commissioner must not
disclose information in a special report prepared under subsection (1)
that includes an opinion or finding that is critical of a government agency or
person (either expressly or impliedly) unless the Integrity Commissioner has
taken the action required by subsection (4) or (5) before disclosing the
information.
            (4) If the opinion or finding is critical of
a government agency, the Integrity Commissioner must give the head of the
agency:
                    (a) a statement setting out the
opinion or finding; and
                    (b) a reasonable opportunity to appear
before him or her and to make submissions in relation to the opinion or
finding.
            (5) If the opinion or finding is critical of
a person, the Integrity Commissioner must give the person:
                    (a) a statement setting out the
opinion or finding; and
                    (b) a reasonable opportunity to appear
before him or her and to make submissions in relation to the opinion or
finding.
            (6) The submissions may be made orally or in
writing.
            (7) The head of a government agency may:
                    (a) appear before the Integrity Commissioner
personally; or
                    (b) authorise another person to appear
before the Integrity Commissioner on his or her behalf.
            (8) A person referred to in subsection (5):
                    (a) may appear before the Integrity
Commissioner personally; or
                    (b) may, with the Integrity
Commissioner’s approval, be represented by another person.
205Â
Inter‑Governmental Committee comments on special report in relation to
ACC
                  If a special report under section 204
relates to the ACC, the Minister must:
                    (a) give a copy of the report to the
Inter‑Governmental Committee; and
                    (b) if the Inter‑Governmental
Committee gives the Minister comments, in writing, in relation to the
report—cause a copy of those comments to be laid before each House of the
Parliament within 15 sitting days of that House after their receipt by the
Minister.
206Â
Contents of annual or special report
            (1) An annual report under section 201,
or a special report under section 204, must not include section 149
certified information.
            (2) The Integrity Commissioner may exclude
information from an annual report under section 201, or a special report
under section 204, if the Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information; and
                    (b) it is desirable in the
circumstances to exclude the information from the report.
            (3) In deciding whether to exclude
information under subsection (2), the Integrity Commissioner must seek to
achieve an appropriate balance between:
                    (a) the public interest that would be
served by including the information in the report; and
                    (b) the prejudicial consequences that
might result from including the information in the report.
Division 5—Confidentiality requirements
207Â
Confidentiality requirements for ACLEI staff
            (1) A person who is, or has been, a staff
member of ACLEI commits an offence if:
                    (a) the person (either directly or
indirectly and either while he or she is, or after he or she ceases to be, a
staff member of ACLEI):
                             (i) makes a record of any
information; or
                            (ii) divulges or
communicates any information; and
                    (b) the person acquired the
information:
                             (i) because of his or her
being a staff member of ACLEI; or
                            (ii) in the course of the
carrying out his or her duties as a staff member of ACLEI; and
                    (c) the information was disclosed or
obtained under the provisions of, or for the purposes of, this Act.
Penalty:Â Imprisonment for 12 months or 60 penalty units, or
both.
            (2) Subsection (1) has effect subject to
sections 208 and 209.
            (3) To avoid doubt, if a corruption issue is
investigated jointly by the Integrity Commissioner and a government agency, any
information that a staff member of ACLEI acquires in the course of
participating the joint investigation is taken:
                    (a) to have been acquired by the staff
member because of his or her being a staff member of ACLEI; and
                    (b) to have been disclosed or obtained
under the provisions of, or for the purposes of, this Act.
208Â
Exceptions to confidentiality requirements
Purposes connected with Integrity Commissioner’s
functions and powers
            (1) Subsection 207(1) does not prevent a
person from making a record of information, or divulging or communicating
information, if the person:
                    (a) acquired the information in the
performance of his or her duties as a staff member of ACLEI; and
                    (b) makes the record, or divulges or
communicates the information:
                             (i) for the purposes of a
corruption investigation; or
                            (ii) for purposes otherwise
connected with the exercise of the powers, or the performance of the functions,
of the Integrity Commissioner under this Act.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal
Code.
            (2) Without limiting subsection (1),
subsection 207(1) does not prevent a person from communicating information to
another person if:
                    (a) the person acquired the
information in the performance of his or her duties as a staff member of ACLEI;
and
                    (b) a provision of this Act requires
or permits the Integrity Commissioner to communicate that information to the
other person.
Note 1:Â Â Â Â Â Â Various provisions in this Act require
information sharing in relation to a corruption issue: see, for example,
sections 44, 50 and 70.
Note 2:Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal
Code.
Giving information to relevant agency
            (3) Subsection 207(1) does not prevent the
Integrity Commissioner from disclosing information to the following heads of
agencies:
                    (a) the Commonwealth Ombudsman;
                    (b) an Ombudsman of a State or
Territory;
                    (c) the head of a law enforcement
agency;
                    (d) the head of a police force of a
State or Territory;
                    (e) the head of an integrity agency
for a State or Territory;
                     (f) the head of another government
agency;
if the Integrity Commissioner is satisfied that, having
regard to the functions of the agency concerned, it is appropriate to do so.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal
Code.
Integrity Commissioner to be satisfied that
confidentiality regime in place
            (4) If the Integrity Commissioner proposes to
disclose information to a person under subsection (3), the Integrity
Commissioner must satisfy himself or herself that a law of the Commonwealth, a
State or Territory makes provision corresponding to the provision made by
section 207 and this section with respect to the confidentiality of
information acquired by that person.
Disclosure required by another Commonwealth law
            (5) Subsection 207(1) does not prevent a
person from disclosing information if the disclosure is required under another
law of the Commonwealth.
Note:Â Â Â Â Â Â Â Â Â A defendant bears an evidential burden in
relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal
Code.
Disclosure to particular person
            (6) The Integrity Commissioner may disclose
information to a particular person if the Integrity Commissioner is satisfied
that it is necessary to do so in order to protect the person’s life or physical
safety.
Section 149 certified information
            (7) The Integrity Commissioner must not
disclose information to a person under subsection (3) or (6) if:
                    (a) the information is section 149
certified information; and
                    (b) the disclosure of the information
to the person would contravene the certificate issued under section 149.
209Â
Disclosure by Integrity Commissioner in public interest etc.
            (1) If the Integrity Commissioner is
satisfied that it is in the public interest to do so, the Integrity
Commissioner may disclose information to the public, or a section of the
public, about:
                    (a) the performance of the Integrity
Commissioner’s functions; or
                    (b) the exercise of the Integrity
Commissioner’s powers; or
                    (c) an investigation of a corruption
issue conducted by the Integrity Commissioner; or
                    (d) a public inquiry conducted by the
Integrity Commissioner.
            (2) Subsection (1) has effect:
                    (a) subject to subsections (3)
and (4) and section 210; and
                    (b) despite any other provision of
this Act.
            (3) The Integrity Commissioner must not
disclose under subsection (1) information that is section 149
certified information.
            (4) In deciding whether to disclose under subsection (1)
information that the Integrity Commissioner is satisfied is sensitive
information, the Integrity Commissioner must seek to achieve an appropriate
balance between:
                    (a) the public interest that would be
served by disclosing the information; and
                    (b) the prejudicial consequences that
might result from disclosing the information.
210Â
Opportunity to be heard
Opinion or finding critical of a government agency or
person
            (1) The Integrity Commissioner must not
disclose information under section 209 in relation to an investigation of
a corruption issue under this Act that includes an opinion or finding that is
critical of a government agency or person (either expressly or impliedly)
unless the Integrity Commissioner has taken the action required by subsection (2)
or (3) before disclosing the information.
Opportunity to appear and make submissions
            (2) If the opinion or finding is critical of
a government agency, the Integrity Commissioner must give the head of the
agency:
                    (a) a statement setting out the
opinion or finding; and
                    (b) a reasonable opportunity to appear
before him or her and to make submissions in relation to the opinion or
finding.
            (3) If the opinion or finding is critical of
a person, the Integrity Commissioner must give the person:
                    (a) a statement setting out the
opinion or finding; and
                    (b) a reasonable opportunity to appear
before him or her and to make submissions in relation to the opinion or
finding.
            (4) The submissions may be made orally or in
writing.
            (5) The head of a government agency may:
                    (a) appear before the Integrity
Commissioner personally; or
                    (b) authorise another person to appear
before the Integrity Commissioner on his or her behalf.
            (6) A person referred to in subsection (3):
                    (a) may appear before the Integrity
Commissioner personally; or
                    (b) may, with the Integrity
Commissioner’s approval, be represented by another person.
211Â
ACLEI staff generally not compellable in court proceedings
            (1) This section applies to:
                    (a) proceedings before a court
(whether exercising federal jurisdiction or not); and
                    (b) proceedings before any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
            (2) A person who is, or has been, a staff
member of ACLEI is not compellable in any proceedings to which this section
applies:
                    (a) to disclose any information that:
                             (i) he or she acquired
because of his or her being or having been a staff member of ACLEI; and
                            (ii) was disclosed or
obtained under the provisions of, or for the purposes of, this Act; or
                    (b) to produce any document that:
                             (i) has come into his or
her custody or control in the course of, or because of, the performance of his
or her duties under this Act; and
                            (ii) was produced under the
provisions of, or for the purposes of, this Act.
            (3) Subsection (1) does not apply to a
proceeding if:
                    (a) any of the following is a party to
the proceedings in his or her official capacity:
                             (i) the Integrity
Commissioner;
                            (ii) a delegate of the
Integrity Commissioner;
                           (iii) a person authorised by
the Integrity Commissioner to exercise a power or perform a function under this
Act; or
                    (b) the proceeding is brought for the
purposes of carrying into effect a provision of this Act; or
                    (c) the proceeding is a prosecution,
civil penalty proceeding or confiscation proceeding brought as a result of:
                             (i) a corruption
investigation or public inquiry; or
                            (ii) an investigation of a
corruption issue that the Integrity Commissioner manages or oversees.
            (4) In this section:
produce includes permit access to, and production
has a corresponding meaning.
Part 14—Parliamentary Joint Committee on the Australian Commission
for Law Enforcement Integrity
212Â
Definitions
                  In this Part:
Committee means the Parliamentary Joint
Committee on the Australian Commission for Law Enforcement Integrity for the
time being constituted under this Part.
member means a member of the Committee.
213Â
Joint Committee on the Australian Commission for Law Enforcement Integrity
            (1) As soon as practicable after the
commencement of the first session of each Parliament, a joint committee of
members of the Parliament to be known as the Parliamentary Joint Committee on the
Australian Commission for Law Enforcement Integrity is to be appointed
according to the practice of the Parliament with reference to the appointment
of members to serve on joint select committees of both Houses of the
Parliament.
            (2) The Committee shall consist of 10
members, namely, 5 members of the Senate appointed by the Senate, and 5 members
of the House of Representatives appointed by that House.
            (3) A member of the Parliament is not
eligible for appointment as a member of the Committee if he or she is:
                    (a) a Minister; or
                    (b) the President of the Senate; or
                    (c) the Speaker of the House of
Representatives; or
                    (d) the Deputy President and Chair of
Committees of the Senate or the Chair of Committees of the House of
Representatives.
            (4) A member ceases to hold office:
                    (a) when the House of Representatives
expires by the passing of time or is dissolved; or
                    (b) if he or she becomes the holder of
an office specified in any of the paragraphs of subsection (3); or
                    (c) if he or she ceases to be a member
of the House of the Parliament by which he or she was appointed; or
                    (d) if he or she resigns his or her
office as provided by subsection (5) or (6).
            (5) A member appointed by the Senate may
resign his or her office by writing signed by him or her and delivered to the
President of the Senate.
            (6) A member appointed by the House of
Representatives may resign his or her office by writing signed by him or her
and delivered to the Speaker of that House.
            (7) Either House of the Parliament may
appoint one of its members to fill a vacancy amongst the members of the
Committee appointed by that House.
214Â
Powers and proceedings of the Committee
                  All matters relating to the powers and
proceedings of the Committee are to be determined by resolution of both Houses
of the Parliament.
215Â
Duties of the Committee
            (1) The Committee has the following duties:
                    (a) to monitor and review the
Integrity Commissioner’s performance of his or her functions;
                    (b) to report to both Houses of the
Parliament, with such comments as it thinks fit, on any matter:
                             (i) connected with the
performance of the Integrity Commissioner’s functions; or
                            (ii) relating to ACLEI;
                           that the Committee considers
should be directed to the attention of Parliament;
                    (c) to examine:
                             (i) each annual report
prepared by the Integrity Commissioner under section 201; and
                            (ii) any special report
prepared by the Integrity Commissioner under section 204;
                           and report to the Parliament on
any matter appearing in, or arising out of, any such annual report or special
report;
                    (d) to examine trends and changes in:
                             (i) law enforcement in so
far as they relate to corruption; and
                            (ii) corruption generally
in, or the integrity of staff members of, Commonwealth government agencies with
a law enforcement function;
                           and report to both Houses of the
Parliament on any change that the Committee thinks desirable:
                           (iii) to the Integrity
Commissioner’s functions or powers; or
                           (iv) to the procedures
followed by the Integrity Commissioner; or
                            (v) to ACLEI’s structure;
                    (e) to inquire into any question in
connection with the Committee’s duties that is referred to it by either House
of the Parliament, and to report to that House upon that question.
            (2) Subsection (1) does not authorise
the Committee:
                    (a) to investigate a corruption issue
or an ACLEI corruption issue; or
                    (b) to reconsider the Integrity
Commissioner’s decisions or recommendations in relation to a particular
corruption issue or ACLEI corruption issue; or
                    (c) to reconsider a special
investigator’s decisions or recommendations in relation to an ACLEI corruption
issue.
216Â
Disclosure to Committee by Integrity Commissioner
            (1) Subject to subsections (2) and (3),
the Integrity Commissioner:
                    (a) must comply with a request by the
Committee to give the Committee information in relation to:
                             (i) an investigation of a
corruption issue; or
                            (ii) a public inquiry;
                           that the Integrity Commissioner
has conducted or is conducting; and
                    (b) must when requested by the
Committee, and may at such other times as the Integrity Commissioner thinks
appropriate, inform the Committee concerning the general performance of the
Integrity Commissioner’s functions.
            (2) The Integrity Commissioner must not
comply with the request if:
                    (a) the information is section 149
certified information; and
                    (b) the disclosure of the information
to the Committee would contravene the certificate issued under section 149.
            (3) The Integrity Commissioner may decide not
to comply with the request if the Integrity Commissioner is satisfied that:
                    (a) the information is sensitive
information; and
                    (b) the public interest that would be
served by giving the information to the Committee is outweighed by the
prejudicial consequences that might result from giving the information to the
Committee.
            (4) If the Integrity Commissioner does not
give information to the Committee because of subsection (3), the Committee
may refer the request to the Minister.
            (5) If the Committee refers the request to
the Minister, the Minister:
                    (a) must determine in writing whether:
                             (i) the information is
sensitive information; and
                            (ii) if it is, whether the
public interest that would be served by giving the information to the Committee
is outweighed by the prejudicial consequences that might result from giving the
information to the Committee; and
                    (b) must provide copies of that
determination to the Integrity Commissioner and the Committee; and
                    (c) must not disclose his or her
reasons for determining the question referred to in subparagraph (a)(ii)
in the way stated in the determination.
            (6) A determination made by the Minister
under subsection (5) is not a legislative instrument.
217Â
Disclosure to Committee by Minister
            (1) Subject to subsections (2) and (3),
the Minister must comply with a request by the Committee to give the Committee
information in relation to an investigation of a corruption issue that a
special investigator has conducted or is conducting.
            (2) The Minister must not comply with the
request if:
                    (a) the information is section 149
certified information; and
                    (b) the disclosure of the information
to the Committee would contravene the certificate issued under section 149.
            (3) The Minister may decide not to comply
with the request if the Minister is satisfied that:
                    (a) the information is sensitive
information; and
                    (b) the public interest that would be
served by giving the information to the Committee is outweighed by the
prejudicial consequences that might result from giving the information to the
Committee.
218Â
Ombudsman to brief committee about controlled operations
            (1) At least once in each year the Ombudsman
must provide a briefing to the Committee about the Integrity Commissioner’s
involvement in controlled operations under Part IAB of the Crimes Act
1914 during the preceding 12 months.
            (2) For the purposes of receiving a briefing
from the Ombudsman under subsection (1), the Committee must meet in
private.
Part 15—Miscellaneous
219Â
Delegation
Delegation to an Assistant Integrity Commissioner
            (1) The Integrity Commissioner may delegate
all or any of his or her functions or powers to an Assistant Integrity
Commissioner.
            (2) Subsection (1) does not apply to the
power to hold a hearing for the purpose of conducting a public inquiry.
Delegation to certain staff members of ACLEI
            (3) The Integrity Commissioner may delegate
all or any of his or her functions or powers to a staff member of ACLEI who is
an SES employee or acting SES employee.
            (4) Subsection (3) does not apply to:
                    (a) the power to hold a hearing for
the purpose of conducting a public inquiry; or
                    (b) a power under Division 1, 2
or 3 of Part 9.
Form of delegation
            (5) A delegation under this section must be
in writing and signed by the Integrity Commissioner.
220Â
Offence of victimisation
            (1) A person commits an offence if the person
causes, or threatens to cause, detriment to another person (the victim)
on the ground that the victim, or any other person:
                    (a) has referred, or may refer, to the
Integrity Commissioner an allegation, or information, that raises a corruption
issue; or
                    (b) has referred, or may refer, to the
Minister an allegation, or information, that raises an ACLEI corruption issue;
or
                    (c) has notified, or may notify, the
Integrity Commissioner of an allegation, or information, that raises an ACLEI
corruption issue; or
                    (d) has given, or may give,
information to the Integrity Commissioner or a special investigator; or
                    (e) has produced, or may produce, a
document or thing to the Integrity Commissioner or a special investigator.
Penalty:Â Imprisonment for 2 years.
            (2) For the purpose of subsection (1), a
threat may be:
                    (a) express or implied; or
                    (b) conditional or unconditional.
            (3) In a prosecution for an offence against subsection (1),
it is not necessary to prove that the person threatened actually feared that
the threat would be carried out.
221Â
Legal and financial assistance in relation to applications for administrative
review
            (1) A person may apply to the Attorney‑General
for assistance in respect of the person’s application, or proposed application,
to the Federal Court or the Federal Magistrates Court under the Administrative
Decisions (Judicial Review) Act 1977 for an order of review in respect of a
matter arising under this Act.
            (2) The Attorney‑General may, if he or
she is satisfied that:
                    (a) it would involve substantial
hardship to the person to refuse the application; or
                    (b) the circumstances of the case are
of such a special nature that the application should be granted;
authorise the Commonwealth to provide the person with
legal or financial assistance, determined by the Attorney‑General, in
respect of the person’s application to the Federal Court or the Federal
Magistrates Court, as the case may be.
            (3) Legal or financial assistance may be
given:
                    (a) unconditionally; or
                    (b) subject to such conditions as the
Attorney‑General determines.
            (4) An instrument that determines the
conditions on which legal or financial assistance may be given is not a
legislative instrument.
222Â
Immunity from civil proceedings
            (1) A staff member of ACLEI is not liable to
civil proceedings in relation to an act done, or omitted to be done, in good
faith, in the performance or purported performance, or exercise or purported
exercise, of the staff member’s functions, powers or duties under, or in
relation to, this Act.
            (2) A person whom the Integrity Commissioner
requests, in writing, to assist a staff member of ACLEI is not liable to civil
proceedings in relation to an act done, or omitted to be done, in good faith
for the purpose of assisting the staff member.
            (3) A special investigator is not liable to
civil proceedings in relation to an act done, or omitted to be done, in good
faith, in the performance or purported performance, or exercise or purported
exercise, of the special investigator’s functions, powers or duties under, or in
relation to, this Act.
            (4) A person whom a special investigator
requests, in writing, to assist the special investigator is not liable to civil
proceedings in relation to an act done, or omitted to be done, in good faith
for the purpose of assisting the special investigator.
            (5) If:
                    (a) information or evidence has been
given to the Integrity Commissioner or a special investigator; or
                    (b) a document or thing has been
produced to the Integrity Commissioner or a special investigator;
a person is not liable to an action, suit or proceeding in
respect of loss, damage or injury of any kind suffered by another person by
reason only that the information or evidence was given or the document or thing
was produced.
223Â
Immunities from certain State and Territory laws
                  The Integrity Commissioner, an Assistant
Integrity Commissioner or a staff member of ACLEI is not required under, or by
reason of, a law of a State or Territory:
                    (a) to obtain or have a licence or
permission for doing any act or thing in the exercise of his or her powers or
the performance of his or her duties as the Integrity Commissioner, an
Assistant Integrity Commissioner or a staff member of ACLEI; or
                    (b) to register any vehicle, vessel,
animal or article belonging to the Commonwealth.
223AÂ
Review of operation of Act
Undertaking the review
            (1) The Minister must cause an independent
review to be undertaken of the first 3 years of the operation of this Act.
Report to Minister
            (2) The persons undertaking the review must
give the Minister a written report of the review within 6 months after the end
of the 3‑year period.
Submissions
            (3) The review must include an opportunity
for:
                    (a) persons who are, or have been,
staff members of law enforcement agencies; and
                    (b) members of the public;
to make written submissions on the operation of this Act.
Assistance
            (4) The Integrity Commissioner and staff
members of ACLEI must, if requested to do so by the persons undertaking the
review, assist them in:
                    (a) conducting the review; and
                    (b) preparing the written report.
Tabling of report
            (5) The Minister must cause a copy of the
report of the review to be laid before each House of the Parliament within 15
sitting days of that House.
Section not to apply if review conducted by
Parliamentary committee
            (6) However, this section does not apply if a
committee of one or both Houses of the Parliament (including the Parliamentary
Joint Committee on the Australian Commission for Law Enforcement Integrity) has
reviewed the operation of this Act, or started such a review, before the end of
the 3‑year period.
Definition
            (7) In this section:
independent review means a review undertaken
by a person or persons who, in the Minister’s opinion, possess appropriate
qualifications to undertake the review.
224Â
Regulations
            (1) The Governor‑General may make
regulations prescribing matters:
                    (a) required or permitted by this Act
to be prescribed; or
                    (b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
            (2) The regulations may require that
information or reports that are required to be given under prescribed
provisions are also to be given to prescribed persons in specified
circumstances.